[HISTORY: Adopted by the Township Committee
of the Township of Freehold by Ord.
No. O-92-05 (§ 6-19 of the Revised General
Ordinances), as amended through Ord. No. O-99-25. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to regulate the
towing and storage of private motor vehicles which result from Police
Department calls for assistance within the Township in accordance
with N.J.S.A. 40:48-2.49 and N.J.S.A. 40A:11-5(1)(u).
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
A private passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers, nor rented to others with
a driver; and a motor vehicle with a pickup body, or delivery sedan,
a van, or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband or wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the insured, other than farming.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto but
does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
Any motor vehicle which is unable to operate under its own
power.
[Added 4-27-2010 by Ord. No. O-10-6]
A vehicle which, at the direction of the police department,
is taken into police custody because the operator of the vehicle was
alleged by a police officer to be engaged in a violation of the law,
including but not limited to, the operator being arrested on a DWI
charge, the operator having been arrested for driving without registration
or insurance, or the operator having been arrested for stealing the
motor vehicle, or the vehicle having been involved in a serious accident.
[Added 4-27-2010 by Ord. No. O-10-6]
Begin at 12:01 a.m. of the next day and each day shall end
at 11:59 p.m.
A list of towing and storage contractors maintained by the
Police Department containing the names and addresses of towing and
storage contractors who will be called on a rotating basis when the
Police Department determines that the assistance of such services
are required within the Township.
A storage area or lot owned and operated by the Township
of Freehold.
[Added 4-27-2010 by Ord. No. O-10-6]
Only those vehicles equipped with a broom or brooms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The Chief of Police or member of the Police
Department designated by him/her is authorized to enforce the provisions
set forth in this chapter.
The Chief of Police or his/her designee shall
establish a list of towing and storage contractors designated to provide
towing and storage services required by the Police Department. Any
towing and storage contractors qualifying pursuant to this chapter
shall be included on the list and those on the list shall be called
on a rotating basis to provide the required towing and storage services.
Whenever a towing and storage contractor is called through the Police
Department, whether as a result of being next on the tow list, or
for another reason, that towing and storage contractor will rotate
to the bottom of the list. The Chief of Police or his/her designee
shall establish such other written procedures for the operation of
the tow list as he/she shall deem appropriate. Nothing contained herein
shall prevent the Chief of Police or his/her designee from requesting
additional towing service from others, if, in the judgment of such
person, the size, nature or scope of the accident conditions or the
performance of the called towing service requires that assistance
be rendered.
All towing and storage contractors desiring to be included on the tow list shall annually file an application with the Police Department on a form to be approved by the Chief of Police, together with an application fee as provided in Chapter 150, Fee. By filing such application, the applicant shall agree to the conditions outlined on the application, including compliance with all provisions of this chapter. Said application must be filed by January 30 of each calendar year.
The following are the minimum standards/qualifications
required to be considered for inclusion on the tow list:
A.
Accidents involving large vehicles. The towing and
storage contractors must be prepared to promptly clear the roadway
of any or all types of disabled vehicles. Where the vehicles are too
large for the service to remove from the scene, after clearing the
roadway, the service may call for assistance of others. The towing
and storage contractor is required to have appropriate arrangements
for this assistance at all times.
B.
Response time.
(1)
The towing and storage contractor must meet the following
response times within the Township of Freehold:
(2)
Response time determination is to be initiated when
the police call requesting towing is completed. Where the police cannot
reach the next eligible contractor on the list, that contractor shall
be deemed to have forfeited its position and the next succeeding contractor
on the list shall be called.
C.
Performance standards. The towing and storage contractor
will meet the following response performance standards:
(1)
Ninety percent of all calls referred will be answered
(towing vehicle on scene) within the response time outlined above.
(2)
Not more than 10% of the calls will be answered within
an additional 10 minutes (day or night).
(3)
No response will be later than 25 minutes, whether day or night, with the exception of Subsection B(1)(c) above.
(4)
The performance standard will be reviewed periodically.
Where the towing and storage contractor performance record is found
to be unsatisfactory, it will be removed from the tow list for at
least six months and until it shall have provided satisfactory evidence
to the Chief of Police that it has undertaken effective steps and
implemented such procedures as are necessary to meet the foregoing
performance standards.
D.
Equipment specification. The towing and storage contractor
must have specialized towing equipment in good repair which meets
the following specifications:
(1)
Tow vehicle. The towing service must have ownership
of two professionally constructed tow vehicles, one of which being
a flatbed-type tow vehicle capable of removing certain types of damaged
vehicles or those, which by design, cannot be removed by conventional
wreckers without sustaining additional damage. The towing service
must also have available, by ownership or agreement, two additional
tow vehicles in case of emergency. All towing vehicles used in performance
of the contract must meet the standards specified by the State of
New Jersey Motor Vehicle Codes and this specification in all respects.
Each applicant is required to list all equipment/vehicles to be used
including registered name, type and license number of each.
(2)
Safety equipment. Each vehicle shall have beacon and
warning lights, tow vehicle illumination and stop lights and portable
fire extinguishers.
(3)
Specialized equipment. At least one of the available
tow vehicles must be equipped for dolly service and winching.
(4)
Cleanup equipment.
(a)
All tow vehicles must carry road cleanup equipment
and supplies such as brooms, rakes, trash cans and shovels.
(b)
The towing service is responsible for the prompt
and safe removal of the disabled vehicle and for the prompt and complete
removal of all litter and debris resulting from the accident.
E.
Disabled vehicle storage. The towing service must
operate a suitable, fenced and secure vehicle storage area in an area
zoned for such use. The lot must be able to store at least 25 full-size
vehicles. Said storage yard must be within a one-mile radius of the
Township of Freehold. If there is in excess of 25 vehicles to be stored,
they may be stored elsewhere as long as the alternate lot complies
with the specifications of the regular storage lot, and appears on
the towing and storage contractor's insurance certificate. Upon request,
authorized personnel of the Police Department shall be able to have
access to vehicles 24 hours per day within the storage area.
F.
Insurance.
(1)
The towing and storage contractor shall maintain the
following minimum insurance coverage in the name of the applicant:
(a)
Automobile liability in an amount not less than
$1,000,000 combined single limits.
(b)
Workers' compensation as required by statute.
(c)
Garage keeper's liability in an amount not less
than $60,000 per location.
(d)
Garage liability in an amount not less than
$1,000,000 combined single limit.
(e)
Policies in force to provide collision coverage
for vehicles in tow.
(2)
Certificate of insurance. At time of application,
the towing and storage contractor shall present a certificate of insurance
evidencing the above coverage by an insurance company licensed to
do business in the State of New Jersey. Included on such certificate
shall be a statement that the insurance company or agent will notify
the Chief of Police immediately of any change, cancellation or lapse
of such coverage. Such statement shall not include language making
such notification permissive, nor language absolving the company/agent
from liability for failure to notify.
(3)
By virtue of making application to be included on
the tow list, the applicant will be deemed to agree to indemnify and
hold the Township of Freehold and its officers and employees harmless
from any liability, expense or costs of suit, including reasonable
attorney's fees, arising out of or resulting from any action of the
applicant in performing towing and storage services in the Township
of Freehold.
(4)
The applicant agrees to notify the Chief of Police
immediately of any change, cancellation or lapse of insurance coverage.
G.
Prohibition of oral inquiry. No towing and storage
contractor included on the tow list shall make oral inquiry regarding
its position on the tow list, violations by other towing and storage
contractors or any other matters relating to performance under this
chapter. All other inquiries must be made in writing addressed to
the Chief of Police.
H.
Customer fees and billing. Each applicant shall attach a copy of its current fee schedule, which must not be in excess of that provided for in § 327-7. In the event an applicant is included on the tow list and will be amending its fee schedule from that previously filed with the Chief of Police, such applicant shall notify the Chief of Police, in writing, of such amendment, together with a complete amended fee schedule at least 30 days prior to implementing and charging pursuant to such amended fee schedule. The fact of filing a fee schedule with the Chief of Police shall not in any way be construed as authority to charge any fees in excess of those permitted by § 327-7. All customer bills must be in an amount not exceeding the rates provided for herein.
I.
Authorized Township service receipt form. The towing
and storage contractor will complete and file with the Police Department
a towing service receipt form for every vehicle serviced on Township
assignment.
(1)
A preprinted form supplied by the towing and storage
contractor will include at least the following information:
(2)
The receipt will be multicopy and issued as follows:
(a)
Original: issued immediately to owner upon completion
of service and payment of bill.
(b)
Police: issued monthly to Police Department
upon completion of services.
(c)
Owner's accident receipt: issued at the accident
site to the owner prior to removal of the vehicle. In the event the
owner is incapacitated or disputes the assignment, the owner's accident
receipt may be issued to the Police Department.
(d)
Copies: as deemed necessary by towing service.
J.
Follow-up report. A monthly report must be filed with
the Police Department containing the following information.
(1)
Description of each vehicle towed pursuant to request
by Police Department during month for which report is given.
(2)
Name and address of title owner of vehicle.
(3)
Date vehicle was towed.
(4)
Amount charged for tow.
(5)
Amount charged for storage to date of report.
(6)
Date vehicle was released.
(7)
List of all vehicles towed pursuant to Police Department
request which are unclaimed for over 30 days.
K.
Storage provision during emergency condition. During
emergency situations (snow storms, etc.) the towing and storage contractor
must provide additional vehicle storage spaces as needed. Said storage
space does not have to be located at the primary facility. Said spaces
will only be used during the period of the aforesaid emergency.
A.
No towing and storage contractor shall charge fees in excess of those set forth in this subsection. Allowable fees shall be as provided in Chapter 150, Fees.
B.
Towing operators may charge additional rates for cleanup
and labor rates, if additional labor other than basic towing services
are provided.
C.
Rates specified herein will be reviewed by the Finance
Committee of the Township Committee on a yearly basis. Operators are
permitted to petition the Township Committee, in writing, as to prevailing
rates.
D.
Special towing services.
(1)
If special towing services are required, the towing
and storage contractor shall quote the vehicle owner or his authorized
agent directly. In the event that the owner is incapacitated, a written
copy of the price quote should be filed with the Police Department.
(2)
No release fees may be charged for the release of
vehicles after normal business hours.
[Amended 4-27-2010 by Ord. No. O-10-6]
Nothing contained in this chapter shall prevent
a person responsible for a disabled vehicle disabled upon the public
streets or highways within Freehold Township to arrange for the prompt
removal of the vehicle from the scene of an accident or disablement
by wrecking or towing services of his/her own selection. The person
responsible will be advised of the ability to select such towing service
at the required time of removal, providing such person is present,
fully conscious and capable of taking prompt action.
In the event that a person or entity shall fail
to perform satisfactorily, or performs in violation of this chapter,
such person or entity may immediately be removed from the tow list
by the Chief of Police. As soon as practical after such removal, the
Chief of Police shall cause written notice of such removal to be given
to the person or entity removed. The notice shall set forth the reason(s)
for such removal. The person or entity removed shall have the right
to submit in writing such rebuttal as deemed appropriate and an explanation
of the steps being taken and procedures being implemented to correct
any deficiencies. After review of such response, the Chief of Police
or his/her designee may continue the removal from the list, return
the person or entity to the list either immediately, or after a specified
period of time.
The Police Department and the office of the Township Clerk shall maintain copies of this chapter as well as copies of all fee schedules of towing and storage contractors submitted to the Township pursuant to § 327-6H, which section and fee schedule shall be available for inspection by the public during regular business hours of the municipality.
All impounded vehicles shall be removed to the Township Storage Facility unless otherwise directed by the Township Police. The towing contractor shall submit its bill for tow services to the Township, which shall process and make payment for same. To secure release of the vehicle after the police impound has been lifted, the vehicle owner must pay to the Township the daily storage fee provided in Chapter 150, any administrative fees for vehicle release or surrender of title fees charged by the Township, as provided in Chapter 150, plus the fee for tow services charged to the Township by the towing contractor.
Any person or entity who shall be found to have violated any subsection of this chapter, or to have submitted a false or misleading application shall, in addition to removal from the tow list, be subject to the penalties set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Freehold.
