Chapter 79. Gloucester Township Towing Ordinance
CHAPTER 79 GLOUCESTER TOWNSHIP TOWING ORDINANCE
ARTICLE I
§ 79-1. Short Title.
§ 79-2. Purpose
§ 79-3. Definitions
§ 79-4. Towing List
§ 79-5. License Required
§ 79-6. Application
§ 79-7. Fees
§ 79-8. Qualifications
§ 79-9. Insurance
§ 79-10. Regulations
§ 79-11. Rules & Regulations
§ 79-12. Fee Schedule
§ 79-13. Record of Vehicle Towed
§ 79-14. Violations
§ 79-15. Termination of License
§ 79-16. Repealer
§ 79-17. Severability
§ 79-18. When Effective
[HISTORY: Towing Fees Ordinance - Adopted by the Township Council of the Township of Gloucester 2-27-89 Ord. No. 0-89-10] (Repealed by Ord. 0-93-16 on 5-10-93) Gloucester Township Towing Ordinance - Ord. 0-15-9 adopted by the Township Council of the Township of Gloucester on 04-27-15.
ARTICLE I
§ 79-1. Short Title.
This Ordinance shall be known and may be cited as. The Gloucester Township Towing Ordinance.
§ 79-2: Purpose.
Purpose of this Ordinance is to establish pursuant to N.J.S.A. 40:48-2.49, an orderly system to provide for towing services for removal of damaged motor vehicles in accidents and other abandoned, illegally parked or disabled vehicles within the Township of Gloucester. Using a towing list of licensed towing operators who will be called upon a rotating basis by the Police Department.
§ 79-3. Definitions.
As used in this Ordinance and unless otherwise indicated by the context, the words or terms herein shall have the meanings indicated. When not consistent with the context, words used in the present tense shall include the future tense; words in the plural shall include words in the singular number and words in the singular shall include the plural number.
CENTER POINT OF GLOUCESTER TOWNSHIP– shall be described and defined pursuant to the map, as prepared by the Township Engineer and attached to this ordinance.
CHIEF OF POLICE - shall mean the Chief of Police of the Township of Gloucester.
CRUISING - is the operation of an unengaged wrecker along a public street at a slow rate of speed or in any fashion calculated, designed or having the effect of soliciting towing business on a public street.
IMPOUND AREA - shall mean the fenced-in area specifically used by a tower, on the approved towing list of the Township, for storage of towed vehicles. Not more than two impound areas may be contained with each ½ acre of any one storage facility.
NORMAL BUSINESS HOURS – shall mean between 9:00 to 5:00 pm Monday through Friday and 9:00 am to 1:00 pm Saturday.
PERSON - shall mean any individual, firm, partnership, association, corporation, company or organization of any kind.
SHALL - is always mandatory and not merely directory.
STORAGE FACILITY - shall mean storage lot or storage area, and shall mean the location within a 5 mile radius of the center point of Gloucester Township, as defined by this ordinance, consisting of a minimum of ½ acre and used for storage of vehicles towed by towing operators on the list approved by the Township.
TOWING LIST - shall mean the list of towing operators and wreckers maintained by the Police Department under the direction and supervision of the Chief of Police to provide, on a rotating basis towing service and storage at the request or call of authorized personnel or member of the Police Department in cases of emergency, accidents involving motor vehicles and for disabled abandoned or illegally parked vehicles.
TOWING OPERATOR - is a person engaged in the business of offering towing services, whereby damaged, disabled, illegally parked or abandoned motor vehicles are towed or otherwise removed from the places where they are damaged, disabled, impounded or abandoned by use of a wrecker, tow truck or other vehicle designed for that purpose. A Towing Operator shall maintain a business office for administration purposes of vehicles towed or impounded pursuant to this ordinance within a 5 mile radius of the center point of Gloucester Township, as defined in this ordinance.
TOWING SERVICE - is that service performed, rendered or provided by towing, removing, transporting, or conveying any kind of vehicle which is or has been damaged, abandoned, impounded, disabled or otherwise unable to be moved under its own power, for which a charge is made against the owner or operator of the vehicle.
TOWNSHIP - shall mean the Township of Gloucester, County of Camden, State of New Jersey.
WRECKER - is a vehicle designed and equipped for removing and transporting wrecked, disabled, abandoned or impounded vehicles, this term shalt also include a flat bed, tow truck or other vehicle used for or to perform towing services.
§ 79-4. Towing List.
A. New applications for the current year following adoption and effective date of this Ordinance;
The Township of Gloucester Department of Police may establish an expanded list of towing operators-wreckers, who qualify to be called by the Department of Police, pursuant to the terms of this ordinance. Towers who wish to be included on the expanded list of qualified towing operators-wreckers for the current year shall complete an application and provide all requisite documents to the Gloucester Township Chief of Police between June 1st and June 30th of the current year. If any application is deemed incomplete by July 1st of the current year, the application shall not be considered to be included on the expanded list of qualified towing operators-wreckers. All applications will be investigated by the Department of Police for qualification and acceptance. All Department investigation will be completed by July 31st. The Chief of Police shall submit all approved applications to the Township Clerk for the issuance of the required license, to commence on August 1st of the current year to expire on December 31st 2016. Thereafter, all towing license applicants shall comply with section “C” below. The Chief of Police shall establish and maintain a list of qualified towing operators who shall be issued licenses to provide on a rotating basis, towing services at the request of the Gloucester Township Police Department. Towing operators on the list will be scheduled and treated equally and fairly.
B. All current license holders with licenses that expire on September 30th 2015 shall be extended to December 31st 2015. Thereafter all intended towing license applicants shall comply with section “C” below.
C. New or Renewal applications for the first full year, being January 1st 2016 to December 31st 2016, following adoption and effective date of this Ordinance.
The Township of Gloucester Department of Police shall establish a list of towing operators-wreckers, who qualify to be called by the Department of Police, pursuant to the terms of this ordinance. All Towers who wish to be included on the list of qualified towing operators-wreckers shall complete an application and provide all requisite documents to the Gloucester Township Chief of Police between August 1st and August 31st of each year. If any application is deemed incomplete by September 1st of each year, the application shall not be considered for the upcoming twelve (12) month period, commencing January 1st of each year. All applications will be investigated by the Department of Police for qualification and acceptance. All Department investigation will be completed by October 31st of each year. The Chief of Police shall submit all approved applications to the Township Clerk for the issuance of the required license, to commence on January 1st of each year for a twelve (12) month period. The Chief of Police shall establish and maintain a list of qualified towing operators who shall be issued licenses to provide on a rotating basis, towing services at the request of the Gloucester Township Police Department. Towing operators on the list will be scheduled and treated equally and fairly.
§ 79-5. Licensed Required.
No person, firm or corporation, while acting as the official tow service for the Township of Gloucester, shall operate a towing service upon or along any street in the Township until the owner has obtained a license therefore. To be placed on the towing list towing operators shall be qualified and required to apply for and hold a license to perform towing services at the request or call of the Police Department. The license shall be issued to all qualified towing operators approved by the Chief of Police to be placed on the towing list. Said license shall be subject to annual renewals by the Chief of Police. Prior to issuance of any license or renewal, the Chief of Police shall cause an inspection to be made of the required storage facility and towing equipment to verify compliance with this Ordinance and all other applicable Federal, State and local laws, ordinances, rules and regulations.
§ 79-6. Application for License.
Applications for licenses hereunder shall be submitted to the Chief of Police upon forms prepared and made available by the Township. The application form shall be properly completed, signed and accompanied by the application and license fee. The Chief of Police shall investigate and review all applications for compliance with the terms of this Ordinance and minimum standards of operator performance mandated by statute. The background and driving records of all applicants and employees shall be checked by the Police Department.
Among other things, the application shall contain
A. The name of the applicant with both the home and business address of the applicant as well as home and business telephone numbers.
B. A statement whether applicant is an individual, firm, partnership, association, corporation, company or other type of entity.
C. The names and addresses of all persons owning an interest in the applicant and if a corporation, the names and addresses of all officers and stockholders with the interest held by each.
D. The names of all employees with their drivers' license and social security numbers.
E. The description of all vehicles and equipment to be used in providing towing service, setting forth the year, make model serial number, license and registered owner of each vehicle.
F. The location where the tow truck(s), wrecker or other equipment is, garaged, maintained and stored: the name and address of the owner, lot and block number and size of storage facility or impound area, including the number of storage vehicle space available.
G. The name and address of the owner operator’s insurance carrier(s) and the policy numbers of all insurance policies issued for the business, business premises and the vehicles identified.
H. A copy of the current fee schedule for towing and storage services.
I. A certification that the towing and storage service fees will be in compliance with this ordinance.
J. A certification granting permission to Gloucester Township Police Department to conduct inspections or wreckers, tow trucks(s) and storage facility to determine compliance with this ordinance.
K. A certification that the applicants understand and agree that they must be able to respond and be present at the towing location within twenty (20) minutes of receipt of notice of the towing.
L. Such other information as the Township may deem necessary and appropriate.
§ 79-7. Application and License Fee.
Upon receipt of all completed applications, the Chief of Police shall conduct or cause to be conducted such investigation as he deems necessary to determine the truth and accuracy of the information contained in the application, and the applicant's compliance with this Chapter including the motor vehicle and criminal record of the applicant and all employees.
All employees of the applicant must be fingerprinted by the Department of Police or its authorized vendor. The applicant and all employees are subject to a background check by Township's police department or its authorized vendor.
The applicant may be refused if such investigation reveals the following:
1. Conviction of any crime or misdemeanor involving arson, aggravated assault; breaking and entering; bribery and corruption; burglary; embezzlement, conspiracy, conversion and misappropriation of funds; extortion; larceny; loan sharking; possession or use of a controlled dangerous substance; and other crimes against the person or crimes involving moral turpitude.; in the last 10 years, or a disorderly persons conviction over the last 3 years.
2. Conviction of operating a motor vehicle under the influence of an intoxicating liquor or drug (N.J.S.A. 39:4-50) leaving the scene of an accident (N.J.S.A. 39:4-129);
failure to report an accident (N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96); and possession of a controlled dangerous substance in an automobile (N.J.S.A. 39:4
49.1); in the last 2 years.
3. Inaccurate application information.
4. Failure to provide a list of experience related towing.
5. Insufficient personnel to staff the equipment and facility.
6. Not having required State/Township licenses.
7. Does not have type, condition and design of available equipment:
a. Tow trucks having two-way radio capability with a dispatching center on 24-hour basis.
b. Number of Tow trucks required. Proof of ownership or lease.
8. Service on 24-hour basis, seven days a week.
9. Insufficient:
a. Capacity.
b. Contractor responsible for safe storage.
c. Area location to facilitate reasonable towing distances.
d. Area enclosed by a sturdy fence with minimum height six feet.
e. Area to be lighted from dusk till dawn.
f. Area legally zoned for such use.
g. Proof of ownership or lease of storage area.
h. Facility available 24 hours a day, 365 days per year and open to the public on weekdays during normal business hours and limited hours on Saturdays and Sundays.
i. Area allowing access by police department officers at all times in order to conduct investigations and to ensure compliance with this Ordinance.
j. No release fees charged for releasing vehicles after normal business hours.
k. Storage facility within a 5 mile radius of the center; point of Gloucester Township,
l. Signage visible with hours of operation and contact information.
The Chief of Police shall, following review of the application, endorse his approval or disapproval of the application, within thirty (30) days of completion of the motor vehicle and
criminal records checks. If the application is disapproved, the reasons therefore shall be set forth in writing.
§ 79-8. Issuance of a License, Renewal, Display, Transferability
1. An operator's license shall be issued by the Township Clerk to the applicant, upon approval thereof by the Chief of Police, and upon submission of proof of insurance as required by this ordinance
2. Such license shall be issued with a commencement date of January 1st of each year by the Township Clerk, except as provided under sec. 79-4(A) above.
3. All licenses issued pursuant to this Chapter shall expire December 31st of each year.
4. Applications for renewal of licenses shall include a certification as to any changes in the information set forth in the original application, and shall be filed August 1st to August 31st of each year.
5. All licenses issued under this Chapter shall be prominently displayed on all wreckers and tow trucks and at the operator's place of business, with Township Certificate.
6. All licenses issued under this Chapter are non-transferable.
7. Licensee shall permit no new employee or temporary employee to operate under a license unless first approved in accordance with the procedures set forth in Issuance of License
8. All approved employee/drivers shall be required to display on their shirt or cover jacket their name and employer name and or identification symbol, which must be worn while acting in their capacity as a towing vendor.
9. The regulations and fee schedules of individual towers shall be made available to the public during normal business hours of the municipality.
§ 79-9. Application and License Fee
The application and license fee under this Ordinance shall be $1,000.00. The annual renewal fee shall be in the amount of $150.00. This application and license fee shall be in lieu of the mercantile fee required under Ordinance 0-76-43.
§ 79.10. Qualifications
All applications for license to be placed on the towing list shall have the minimum equipment and storage facilities hereinafter described
A. Required Towing Equipment;
1. 2 Wreckers, of which one must be a flatbed (owned or leased) with
a. 3/8" Safety Chain
b. Detached Lilt Chain and Safety Chain
c. Amber Overhead Lights – 360 degree visibility
d. Clean-up Equipment – to include broom, shovel proper (heavy duty) containers/bags for removal and disposal of clean-up debris.
e. A minimum amount of two (2)40 pound bag of oil dry or equivalent
f. Reflective traffic vest or outer garment – approved ANSI class 2 or 3
2. Proof of ownership or lease by applicant of the required towing equipment must be submitted with the application. The same vehicle may not be used by more than one approved towing operator. Applicant is not permitted to sub-contract for towing services.
3. All equipment shall comply with all State and Federal regulations. All operators shall be over the age of eighteen (18) years and must have a valid New Jersey driver’s license with no restrictions or conditional endorsements except conditions requiring eyeglasses. Operators shall be in good health and or high moral character. Vehicles used for towing must be properly licensed and inspected when applicable by the State of New Jersey. Vehicles shall have the necessary stickers affixed or required insurance cab decals. No vehicle shall be licensed as a wrecker which is using dealer license plates or which has a failed inspection.
B. Required Storage Facilities;
1. The size of the storage lot will be at least 1/2 acre (21.780, sq. ft.) and have adequate
capacity to store all towed vehicles as determined by the Chief of Police. Each 1/2 acre of storage facility shall be used by not more than two towers on the approved towing list of the Township.
2. The impoundment area must be visually screened from a highway and any adjoin property via shrubs, wall or solid fencing. Pre-existing chain link fencing is allowed but must be modified with screening on any street frontage))
3. The impound area must be secure and must be enclosed by a sturdy six (6) fence or wall with locks on all gates. The towing operator is responsible for safe storage.
4. The entire impound area will be lit continuously from dusk to dawn. This continuous light shall be assisted by motion sensor lighting for compliance with applicable Township regulations.
5. Impound Area shall be available 24 hours a day, 365 days per year and open to the public on normal business hours and between the hours, of 9:00am. to 5:00pm Monday through Friday and 9:00 am to 1:00 pm on Saturday
6. The storage area and administrative business office shall have someone on duty or available at all normal business hours.
§ 79-11. Insurance
No towing operator on towing list shall be called upon to perform towing services unless and until he has deposited with the Chief of Police proof of insurance set forth in the following schedule which proof shall have been reviewed by the appropriate. Township official as to acceptability of the companies and coverage.
A. The required insurance and minimum policy limits are as follows.
1. Automobile Liability in an amount not less than $1,000,000.00 combined single limits.
2. Worker's Compensation as required by Statute
3. Garage Keepers" Liability in an amount not less than $60,000.00 per location.
4. Garage Liability in an amount not less than $1,000,000.00 combined single limit.
5. Miscellaneous coverage to provide complete protection to the municipality against any and all risks of loss or liability including comprehensive general liability.
6. Collision coverage for vehicles in tow.
B. The Township shall be listed as an additional insured in all policies and all policies and all policies should contain a provision requiring notification to the Township prior to any policy revision or termination.
§ 79-12. Regulations
A. Response to Call. All towing operators on the towing list shall be required to remove, transport or convey from the roadway or other areas, any and all vehicles at the request of the Police Department. All towing operators on the towing list shall respond within twenty (20) minutes of a request made by the Police Department. In the event a towing operator on-call cannot respond or perform his specific task, the next available towing operator on the towing list will be notified. Late arrivals may result in a thirty (30) day suspension from the towing list. After vehicles are removed from the roadway as a result of a motor vehicle crash, it is the towing operator’s responsibility to clear the roadway of debris and liquids.
B. Availability of Towing Operators on List. All towing operators shall be available 24 hours a day, seven (7) days a week when on-call to provide towing services. In the event of an emergency, illness or vacation, towing operators shall be responsible to provide notice to the Chief of Police and secure a licensed towing list operator as a substitute.
C. Storage of Towed Vehicles. Unless otherwise authorized, all vehicles which are removed, transported or conveyed from the roadway and other areas at the request of the Police Department, shall be stored in an area zoned for such use. No towed vehicles shall be placed, stored or parked on any public street or right -of-way, or in any other area not in compliance with this Ordinance and approved.
D. Notification Requirements. All licensed towing operators shall be required to notify the Chief of Police within 24 hours of any modifications or change with respect to the applicant's ownership, lease, insurance, location or circumstances regarding the equipment, storage facilities or employees and to any information which the applicant was required to supply.
E. Towing Operators shall comply with all state and federal laws and regulations and the towing operator’s place of business shall not be located at their private residence.
F. The Township shall not be liable for charges and fees for towing and storage services performed or provided by towing operators on the list. The towing operator shall proceed and charge all fees for towing services and storage against the owner of the vehicle receiving such service.
G. Towing operators shall be responsible for conduct of all drivers and employees.
H. No official, employee or member of the Township Police Department shall have any interest in any towing operator on the towing list or any storage facility utilized.
I. All roadway debris must be clean-up to the satisfaction of the officer on scene and all debris must be properly disposed of in proper containers/bags.
§ 79-13. Storage Facility
1. The wrecker must maintain a storage facility for towed vehicles with the following requirements:
The impoundment area must be visually screened from the highway.
The facility must be secure. The contractor is responsible for safe storage.
The storage area must be lighted from dusk to dawn.
There shall be a sturdy six-foot fence with locks on gates.
All vehicles will be stored in a facility within a 5 mile radius of the center point of Gloucester Township, in an area zoned for such use.
Proof of ownership or lease of storage area must be submitted.
Not more than two (2) Township approved towing companies may share the same storage facility.
The storage facility, building and grounds must meet all zoning requirements.
The storage lot will be at least one-half acre (21,780 square feet).
Upon request for service, the tower must be able to respond to the incident with twenty (20) minutes.
The tower who fails to arrive on location in a timely fashion (within 20 minutes of receipt of the call) or fails to provide adequate service may be subject to deletion from the tow list upon recommendation from the Chief of Police.
If the wrecker cannot or does not comply within the required time limit then the next name on the list of wreckers shall be called.
§ 79-14. Additional Requirements
The towing operator’s business must be staffed during normal business hours. The Business location shall be maintained in a clean and comfortable waiting room and toilet facilities.
The Towing operator business shall not use answerable machines or pagers to receive call from the Department of Police. Cell phones may be utilized with approval of the Chief of Police.
The towing Operator business shall notify the Department of Police when unable to respond to a call or when unable to meet the response time requirement.
The Towing Operator Business must post in a conspicuous manner a copy of the approved fee schedule. The Towing Operator Business must notify the Chief of Police or his designee concerning any changes in employee status, including additions and deletions.
§ 79-15. Supplemental Rules and Regulations
The Chief of Police from time to time shall make and promulgate reasonable rules and regulations for the proper administration and enforcement of this Ordinance and its purposes such rules, however shall not be inconsistent with the terms of this Ordinance.
§ 79-16. Fee Schedule
The following fees or charges are hereby established for the towing and road services towing operators on the rotating Township list maintained by the Gloucester Township Police Department under the direction and supervision of the Chief of Police and for storage in conjunction therewith.
A. For all towing, road and storage services resulting from an accident, theft recovery, illegally parked, disabled or abandoned or otherwise requiring services, the fees shall not exceed the following:
1. Automobiles
a. Regular and flatbed $150.00 - $175.00 after normal business hours and Sundays.
b. Removal from beyond right-of-way or berm or impaled upon any object S 125.00, plus $3.00 per 1' of cable, plus $150.00 if need to upright.
2. Trucks
a. Dual wheels up to 10,000 lbs. $200.00
b. Specialized Equipment. $250.00 an hour with a minimum 2 hours for off road recovery
3. Heavy Duty - $750.00 per hour calculated from the location to storage yard, with a two (2) hour minimum.
4. Towing or removal for any reason of a motorcycle, moped, all-terrain vehicles and like vehicles $100. 00
5. Road Service $ 75.00 – after normal business hours and Sundays - $125.00
6. Storage
a. Outside storage - $45.00 per day – No charge for first day if pick-up by close of business
b. Inside storage - $55.00 per day – No charge for first day if pick-up by close of business
c. Heavy duty storage, e.g. tractor (unit)/trailer (unit), - $100.00 per day per unit.
7. Yard Removal - $ 55.00, after normal business hours, Sundays and Holidays
B. In all cases the towing operator shall remove debris as part of the towing services and as directed by the Officer at the scene.
1. Clean-up Fee. $ 50.00 fee shall be charged for the cleaning of debris by said operator.
2. Oil Dry Product. $15.00 per product bag.
3. Collision Wrap. $30.00 per vehicle
C. No charge shall be made to the Township for towing or storage or any other services provided to the Township, its police vehicles or for any vehicle used in the commission of a crime, provided the vehicle is located within a twenty five (25) mile radius of the Township of Gloucester. The tow operator shall not be responsible for damages resulting therefrom. Applicable towing rates shall apply to Township owned vehicles required a tow beyond the aforementioned twenty five (25) mile radius
D. Office Administration Fee. $35.00
§ 79-17. Record of Vehicle Towed
Every licensed towing operator called by the Police Department shall keep a record of the name and address of the owner of the towed vehicle and shall file reports as required by the Chief of Police which shall include but not be limited to itemized towing and storage charges per vehicle.
§ 79-18. Violations
A. Any person who violates any provision of this Ordinance may be suspended or removed from the Lowing list and in addition, upon conviction shall be subject to a fine of not more than $500.00 for each offense. Each violation shall constitute a separate offense and shall be charged as a separate offense.
B. The Chief of Police shall have the power to suspend a towing agency from the rotational duty roster for failure to comply with any section of this chapter, as follows;
1. For the first violation – a seven (7) day suspension.
2. For the second violation – a fourteen (14) day suspension.
3. For any third violation occurring within a thirty six (36) month period shall result in the removal of the towing agency from the rotational duty roster for a period of twelve (12) months.
§ 79-19. Termination of License
Any towing operator on the towing list who fails to properly respond to calls in the established response time, fails to provide adequate service or otherwise violates the terms and provisions of this Ordinance, falsifies any information with regard to his application or violates the Department of Insurance rules shall be subject to license termination by the Chief of Police.
§ 79-20. Repealer
All Ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall and are hereby repealed to the extent of such inconsistency.
§ 79-21. Severability
If any article, section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision of invalidity shall not affect the remaining portions of provisions of this Ordinance.
§ 79-22. Severability
This Ordinance shall take effect immediately after final passage and publication in accordance with the Laws of the State of New Jersey.
SECTION 2. All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.
SECTION 3. If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.
SECTION 4. This Ordinance shall take effect immediately after final passage and publication as required by law.