A.
Eligibility.
(1)
All towing operators, in order to provide services in nonpreference
motor vehicle accidents or for the removal of motor vehicles from
private or public property, as may be authorized by the Police Department,
must be licensed by the Township of Franklin in accordance with this
chapter.
(2)
Towing operators must meet the twenty-minute response time to be
eligible for inclusion on the Township of Franklin Police Department
tow list.
B.
The list of licensed towing operators shall be maintained by the
Police Department and shall be utilized on a rotation basis. Any newly
approved operators will be added to the bottom of the rotation list
and adjustments to the rotation schedule are to be made on January
1 of the following year.
C.
Rotation; number of operators.
(1)
The rotation of the tow list shall be from the list of all licensed
operators for the next succeeding license term and having submitted
in each category an application in accordance within this chapter.
(2)
There will be a maximum number of regular-duty tow operators of 10,
and maximum number of two for heavy-duty tow operators permitted to
perform work within the Township of Franklin (as defined in this chapter).
Replacement of tow operators on the current list may only occur when
there is a vacancy, provided that the replacement tow operators meet
all the requirements set forth within the application process of this
chapter.
D.
Calls to operators shall be made in succession of tow operators found
on the tow list. The next name of the tower found on the list shall
be called even if another tow operator on the list is closer to a
vehicle. If the tow operator called on the list fails to comply within
the required twenty-minute response time, the Police Department may
call the towing operator who is next in line of succession on the
list. The Police Department shall at all times have the right to call
more than one tow operator from the towing list in succession order
when more than one vehicle is impairing or immobilizing traffic or
in the event of emergency conditions.
E.
If for any reason, the tower fails to answer a call for a tow, said
tower will forfeit the remainder of his towing week's schedule.
F.
Calls to operator on the rotating list shall be made on a nondiscriminatory
basis, routinely succeeding to the next to operator listed.
G.
If the Chief of Police determines at any time that a towing operator
is unable or unwilling to fulfill the requirements of this chapter
or the statutes and regulations of the State of New Jersey, the Chief
of Police shall file a written report with the Township Clerk. The
Township Clerk shall then notify the towing operator that the Chief
of Police has recommended its removal from the Police Department towing
list. The tow operator has 10 days to file a written appeal if in
disagreement with recommendation of removal by the Chief of Police.
The Township Clerk shall then schedule a hearing before the Township
Administrator. After the hearing, the Township Administrator may then
remove the towing operator from the Police Department towing list
if it is determined that the performance of the towing operator is
unreliable and/or inadequate.
H.
The tow operator shall cease towing of vehicles on behalf of the
Township of Franklin Police Department upon notification by the Township
Clerk that the tow operator is to be removed from the list as recommended
by the Chief of Police. During this interim period between notification
and the decision of the Township Administrator, the tow operator shall
be suspended from list eligibility.
A.
Licensed towing operators agree to provide the following services
on a twenty-four-hour basis:
(1)
Removal and transporting of motor vehicles involved in a motor vehicle
accident where the owner or operator of the motor vehicle, when appropriate,
has not made a preference for the towing of the vehicle.
(2)
Removal and transporting of a motor vehicle from private or public
property as may be authorized by the Police Department or Code Enforcement
Official of the Township of Franklin.
(3)
Removal and disposal from the Township of private property motor
vehicles which, pursuant to state law and regulations, would be subject
to the jurisdiction of the Franklin Township Police Department. Such
vehicles shall be moved to such location as specified by the Franklin
Township Police Department.
(4)
The storage of a motor vehicle removed and transported from the scene
of a motor vehicle accident.
B.
A towing operator responding to a tow shall be responsible for all site cleanup related to a motor vehicle accident, including the pickup and removal of all debris from the scene of the accident and containment of any hazardous fluids from the vehicle prior to tow, in accordance with the laws of the State of New Jersey, and all services as defined by state regulations and Article I herein. It is understood that the responsibility of the tow operator as established above in no way relieves the vehicle owner of his responsibility for the cleanup and removal of any debris or spilled fluids coming from his vehicle.
C.
A towing operator shall provide either one boom tow truck with a
wheel lift or winch rollback or one boom tow truck with a wheel lift
capable of transporting the vehicle to be removed without additional
damage. The transported vehicle shall not exceed the carry weight
or capacity of the carrying vehicle.
E.
If a licensed towing operator is unable to handle a particular situation
for whatever reason, the Township shall have the right to use whatever
means necessary to accomplish the removal, transporting and storage
of motor vehicles.
F.
No towing operator shall subcontract any work to be performed pursuant
to this chapter without having first obtained prior written approval
from the Township of Franklin Police Department. Subcontractors must
be licensed and on the current tow list. Any towing operator to whom
approval to subcontract work has been given shall be responsible for
the services performed by and the acts and omissions of the subcontractor,
and shall remain liable for any violation of this chapter by the subcontractor.
A.
The towing operator shall provide a towing facility of sufficient
size to accommodate not less than 25 passenger vehicles and one tractor
and trailer, and not less than 800 square feet of inside storage facilities
to hold and protect "police hold" vehicles. At no time shall any automobile
towed by a towing operator be stored at any other location, except
where a vehicle is towed at the request of the owner to a specific
location.
B.
The towing facility shall be staffed by the licensed towing operator
during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, and include twenty-four-hour telephone service, seven days
per week, during the week in which the licensed facility is on call.
C.
The towing operator shall provide tow vehicles capable of handling the transporting of motor vehicles as defined in Article I of this chapter, and equipped to provide regular towing service; 14,000 pounds to 15,000 gross vehicular weight is regular towing service; 15,000 pounds gross vehicular weight and above is heavy towing service. Carry weight shall not be less than 4,000 pounds or less than that needed to carry the transported vehicle safely.
D.
Each tow vehicle or flatbed vehicle shall be equipped with towing
and safety equipment, warning devices such as lights, flares and flags
to warn other automobile operators of the presence of a disabled automobile,
and mechanics tools to perform complete emergency work, including
but not limited to the following. All tow operators shall be required
to wear a reflective jacket or vest when towing vehicles on the roadway
and at all times shall exercise extreme caution and due safety.
(1)
At least one amber rotating beacon or strobe light mounted on the
highest practical location of the vehicle, which when in use shall
be visible from 360° at a distance of not less than 500 feet during
daylight hours.
(2)
One snatch block per winch.
(3)
Safety tow lights or magnetic tow lights for towing vehicles at night.
Safety tow lights, red in color, shall be mounted in the rear of the
vehicle being towed.
(4)
Ample chains and cables for pulling or securing a towed vehicle.
The working limit of cable shall be noted to include a minimum pulling
capacity of 2,500 pounds, (three-eighths-inch cable).
(5)
At least one broom, shovel, crowbar or pry bar, jumper cables, flashlight,
fire extinguisher or dry chemical type having capacity of not less
than two pounds, one dozen flares or similar warning devices for placement
at the scene of an accident or behind a disabled vehicle, not less
than 10 pounds of dry sand or a drying compound for gasoline and oil
spilled onto the roadway, and tools sufficient to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(6)
Backup alarms on all tow trucks.
E.
All tow trucks must be in compliance with all safety equipment requirements
as listed in N.J.S.A. 39:3-1 et seq., and 49 CFR 393.
F.
No changes may be made to tow vehicles or equipment without prior
written approval of the Township of Franklin Police Department.
G.
Each tow vehicle shall display two stickers issued by the Department
of Licenses and Inspections on the upper left and right side of the
driver's door panel and shall have the name and number of the licensed
tow operator displayed on the vehicle in such manner and of such lettering
as to conform to the provisions of N.J.S.A. 39:4-46.
H.
Towing operators and their employees shall provide all services required
by this chapter at all times and shall be subject to the following
requirements:
(1)
Possess sufficient knowledge, skill and ability to provide minimum
road services for disabled vehicles and to adequately remove a vehicle
from an accident scene without causing additional damage to the vehicle.
(2)
Not be mentally or physically impaired.
(3)
Obey all traffic laws, statutes, regulations and ordinances promulgated
by the State of New Jersey and the Township of Franklin.
(4)
Be subject to inspection by the Chief of Police or a designee and
shall be approved by the Chief of Police prior to rendering any services
pursuant to this article.
I.
The tow vehicles provided by the towing operator shall be of such
type and design to properly and safely perform all towing services
required by this chapter and shall at all times comply with New Jersey
Statutes and Regulations and be subject to inspection by the Chief
of Police or designee.
J.
All drivers of tow vehicles shall possess at all times a valid New
Jersey driver's license and a commercial driver's license where applicable,
which shall be subject to inspection by the Chief of Police. Said
operator shall obey all traffic laws and shall comply with all statutes
and regulations of the State of New Jersey and of the Township of
Franklin.
K.
The tow vehicles provided by the towing operator shall be geographically
located so as to permit a response time within 20 minutes.
L.
The towing fees and storage fees established by the towing operator
shall be conspicuously posted at the towing facility owned or operated
by the towing operator, which fees shall not exceed the fees set forth
in this chapter.
M.
At all times the towing operator shall maintain the towing facility
in a clean and orderly fashion. Reasonable measures shall be taken
by the towing operator to prevent vandalism, theft or damage to automobiles
stored therein.
N.
In the event that automobiles which are towed and stored by the towing
operator are abandoned or unclaimed by the owners thereof, the towing
operator shall make no claim against the Township, its agents or employees.
Only those vehicles towed from private property or public right-of-way
under authorization of either the Code Enforcement Official or the
Police Department, not including accident vehicles, shall be disposed
of pursuant to N.J.S.A. 39:10A-1 or other appropriate state statutes
or state regulations.
O.
The towing operator operating pursuant to this chapter is an independent
contractor and in no sense an agent, servant or employee of the Township.
Said operator shall at all times maintain direct supervision, management
and control over all of its employees and personnel engaged in the
operation or services performed pursuant to this chapter.
P.
The Township shall not be responsible for the acts of the towing
operator in performing the services contemplated by this chapter.
The towing operator agrees to save and hold harmless the Township
from all manner of liability as a result of its actions or omission,
whether of a negligent or intentional nature and fully comply with
the procedures set forth under N.J.S.A. 39:10A-1 et seq.
Q.
Towing operators approved for tow list eligibility shall be required
to fulfill tow requests of the Zoning Official and/or the Police Department
of the Township of Franklin. Failure or refusal to remove a vehicle
pursuant to directive of the Township of Franklin shall be cause for
removal from the approved tow list.
R.
The tow operator shall be responsible for ensuring the proper, safe
and secure storage of all vehicles towed. The tow operator shall be
liable for any and all damage incurred by such vehicles while in transit
to or while stored in or at the facilities of the operator.
A.
Every tow operator on the Police Department tow list shall maintain
an inside building and outside secured storage area meeting the following
requirements:
(1)
The storage area shall be capable of storing not fewer than 25 passenger
vehicles and one tractor and trailer. The area shall have not less
than 800 square feet of inside storage facilities to hold and protect
police hold vehicles.
(2)
The storage area shall be located either within the limits of the
Township or at such location outside of the Township as to facilitate
a response time of not more than 20 minutes.
(3)
Outside storage areas shall be fully enclosed by a fence of sufficient
security (as determined by the Chief of Police or his/her designee)
to prevent trespassing, having a height of eight feet or as otherwise
required by the Township of Franklin Land Use Ordinance, with at least
one lockable gate for ingress and egress, and shall be lighted from
dusk to dawn. (If the storage facility included more than one access
point, then all access points must be secured with appropriate gate
and lock.) Fences that existed prior to adoption of this chapter shall
be permitted; however, if such fences are replaced, the new fence
shall be eight feet in height or as otherwise required by the Township
of Franklin Land Use Ordinance.
(4)
The storage facility shall be available to the Franklin Township
Police Department 24 hours a day, 365 days per year, and shall be
open to the public on weekdays during normal business hours and for
limited but reasonable hours on Saturday. The operator shall specify
the hours on which the facility will be open to the public on weekends.
The storage facility shall release a stored vehicle to the owner thereof
on such date as shall have been requested by said owner during normal
business hours, after receiving the tow release from the Franklin
Township Police Department; storage charges shall not accrue beyond
the requested date of release.
(5)
The tow operator shall have an employee on duty during all hours
in which the storage facility is open.
(6)
The tow operator shall not charge a release fee or other charge for
releasing vehicles to their owners after normal business hours or
on weekends.
B.
The Township of Franklin shall not be responsible for processing
of licensure and other documents required by the State of New Jersey
with regard to vehicles left abandoned at a repair facility. Vehicles
left abandoned at a repair facility, including those involved in accidents,
are the responsibility of the repair facility, per N.J.S.A. 39:10A-8.
[Amended 8-9-2022 by Ord. No. O-17-22]
A.
When performing services under the Police Tow List to tow and/or
store a motor vehicle, the towing charge and storage charge shall
not exceed those charges as set forth in this chapter. These are maximum
fees that may be charged.
B.
C.
The fees set forth on the schedules for towing rates are the maximum
charges that shall apply to a motor vehicle for basic towing services.
Fees related to other than basic towing services will be calculated
on an incident by incident basis and at a standard estimated prevailing
rate.
D.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site
and return by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
E.
Tow vehicles transporting multiple motor vehicles at one time may
charge the applicable fee for each such vehicle transported.
F.
When towing services are otherwise required, the day rate shall apply
when the vehicle is transported (pickup and delivery) entirely between
the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except
New Jersey state holidays. The night, weekend and holiday rate shall
otherwise apply.
G.
The Chief of Police shall post fees, available to the public, during
normal business hours along with a copy of this chapter and the fee
schedules of licensed towing operators.
H.
Payment from the public shall include credit cards.
A.
Each tow company shall be deemed to have taken possession of motor
vehicles towed in accordance with this chapter, other than abandoned
motor vehicles towed at the request of the Chief of Police or his
designee, under the provisions of N.J.S.A. 39:10A-1 and N.J.S.A. 39:4-56.5.
B.
It shall be the responsibility of the towing company to notify the
registered owner, or any other person having a legal interest therein,
within 10 days of having towed said vehicle or rendered any other
service thereto, of the location of the vehicle, the service rendered
by the wrecker, the charge for such service and the time within which
the motor vehicle must be collected, said period for collection not
to exceed 10 days.
C.
Upon the expiration of 30 days after the time to collect the motor vehicle as set forth in Subsection B has expired, the towing company must either offer the vehicle for sale at public auction or cause a junk title certificate to be issued for the motor vehicle in accordance with the laws of the State of New Jersey, specifically N.J.S.A. 39:10A-8 et seq., a copy of said title to be kept by the applicant.
D.
Any notification required in this chapter shall be in writing, sent
by certified or registered mail, return receipt requested, to the
last known address of the person to whom the notice is to be given.
E.
The towing company shall be responsible to perform all searches with
the New Jersey Motor Vehicle Commission or out of state motor vehicle
commission to determine ownership and the last known address of the
title owner to the vehicle in question. That information and proof
of searches with appropriate state agencies must be provided to the
Chief of Police.
F.
At any time prior to the sale of the motor vehicle or the issuance
of a junk title certificate therefor, the owner of the motor vehicle
may reclaim possession of the motor vehicle from the towing company
upon payment of the towing services as set forth herein and the expense
of storage of the motor vehicle.
A.
The Zoning Official shall be responsible for the enforcement of the
provisions of this chapter pertaining only to storage facilities.
B.
The Township of Franklin Police Department may authorize the towing and storage of motor vehicles located on public streets or public property which are unregistered, abandoned, illegally parked, or which are permitted to be towed and stored pursuant to state statute or state regulations. Abandoned or unlicensed motor vehicles that are in violation of the Township's Property Maintenance Code (Code Chapters 295 and 377) shall be subject to enforcement procedures as established in the aforesaid Code.
C.
A tow operator shall not tow motor vehicles located in the public
right-of-way or on private property unless authorized to do so by
the owner of the vehicle or by the Police Department or Department
of Zoning. This Chapter, however, does not preclude a towing operator
licensed by the Township or state from towing motor vehicles located
on private property in accordance with state licensure privileges.
D.
Motor vehicles which remain unclaimed by the owner or other person
having legal right thereto shall be disposed of pursuant to the applicable
provisions of Title 39 of the New Jersey Statutes. The last known
owner of an abandoned vehicle shall be responsible for all towing
fees or charges, storage fees or charges, road service fees or charges,
and any other fees permitted by law.
E.
The Township shall make periodic inspections of facilities, equipment
and service and, upon request, shall be provided full access to equipment
or property. Such inspections shall be made quarterly, semiannually,
or annually, as determined by the applicable Township official, but
in no case shall such inspections be made less than annually.
F.
The Police Department shall have the right to store at its own facilities
motor vehicles towed at its direction or confiscated in suspected
crimes. All licensed towing operators shall extend storage to the
Township of Franklin Police Department at no cost and, if so requested,
shall provide separate storage space for exclusive use of the Police
Department also at no cost. Abandoned vehicles or vehicles confiscated
by the Police Department are to be stored as authorized by the Police
Department to assure protection of the vehicle and to provide security
of said vehicle until appropriately disposed of by the Police Department.
G.
All tow company owners will be permitted to apply for junk and abandoned
titles for vehicles that are unclaimed for a minimum of 30 days. The
tow company owner will be responsible for completing all the required
paperwork and any and all fees associated with this process as defined
under the provisions of N.J.S.A. 39:10A-1. The Township Clerk will
send to the New Jersey Division of Motor Vehicles all completed paperwork
after it has been certified to as to accuracy by the tow company.
All titles approved by the New Jersey Division of Motor Vehicles will
be then turned over to the tow company owner who applied.
H.
All towing operators shall provide adequate public posting of charges
at their primary place of business and storage facility.
I.
Towing operators shall not pile vehicles or park towed vehicles on
public streets or sidewalks.
J.
All towing operators shall maintain a record of each motor vehicle
towed, stored, and released, and of all services rendered. Such records
shall be maintained at one central location and retained for a period
of not less than five years.
K.
Discharge of petroleum or hazardous substances.
(1)
Pursuant to the Spill Compensation and Control Act, including N.J.S.A.
58:10-23.11(g)c, any person in any way responsible for a discharge
of petroleum or hazardous substances shall be strictly liable, jointly
and severally, without regard to fault, for all costs of cleanup and
removal of the discharge from the public right-of-way and private
property within the area of the spill. The tow operator and/or facility
owner shall be responsible for the cleanup and removal of any spill
or discharge of petroleum or hazardous substances at its storage facility.
The facility owner may choose to take action against the vehicle owner
for the cost of such cleanup and removal. The responsible party shall
contact the NJDEP Action Line to report any spills or leaks as required
by N.J.S.A. 58:10-23.11(e).
(2)
Whenever any petroleum or hazardous substances are discharged on
public property or within the public right-of-way, the Health Department
may, in its discretion, act to remove or arrange for the removal of
such discharge, or may direct the responsible party to remove or arrange
for the removal of such discharge. The County Environmental Health
Department shall monitor compliance with any cleanup directives. Pursuant
to N.J.S.A. 58:10-23.11(f), any person who fails to comply with a
cleanup directive shall be liable to the Township in an amount equal
to three times the cost of such removal.
