TOWNSHIP OF MANALAPAN ORDINANCE NO

Transcription

1 TOWNSHIP OF MANALAPAN ORDINANCE NO AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, COUNTY OF MONMOUTH, NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 216, TOWING, OF THE CODE OF THE TOWNSHIP OF MANALAPAN. BE IT ORDAINED by the Township Committee of the Township of Manalapan that Chapter 216, Towing, of the Code of the Township of Manalapan, in the County of Monmouth, State of New Jersey, be and the same is hereby amended and supplemented, as follows: SECTION ONE. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-2, Definitions. be and the same is hereby amended and supplemented to read, in full, as follows: (strikeouts denote delitions, underlined denote additions) Definitions. The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning: Absorbent material - Any product used to soak up spills or vehicle fluids, including by way of example speedy dry ; oil dry; absorbent pads; and socks. Clean-up - Removal and/or disposal of any debris left on the roadway or property as a result of a motor vehicle accident or recovery. Cruising - Driving an unengaged tow vehicle on a public street in a manner primarily calculated to solicit business. Highway - The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Police tow - The transportation of a vehicle at the request of the police department via a tow vehicle. Recovery - When a tow operator applies knowledge in a skillful manner to preserve the condition of a motor vehicle while moving the damaged vehicle into a towable position. This may include several actions which are not limited to: winching, rigging, or the recovery of any vehicle in an abnormal towing position.

2 Storage facility - Any building or property, other than a private garage, available to the public, operated as a business and which is used for the storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles and which complies with all provisions of the zoning or other ordinances of the municipality in which it is located. Tow day - The twenty-four hour period beginning at 12:00 am on the towing business scheduled towing date. A tow day will be one calendar day. Towing operator - A person or other legal entity engaged in the business of providing towing services and storage services for vehicles towed. Tow vehicle - A vehicle, including but not limited to a wrecker, tow truck, wheel lift truck, or flatbed truck employed for the purpose of towing, transporting, conveying, removing, recovering or winching any vehicle, that is equipped with a boom, winches, slings, tilt beds, wheel lifts, or under-reach equipment specially designed by its manufacturer for the removal and transport of private passenger automobiles and small trucks. Towing business - A business with a building or enclosed area in which motorcars can be sheltered or stored, and which owns or operates any two or more tow vehicles as defined in this section. At a minimum, each business must have at least two tow vehicles in order to be maintained on the towing list. Such business must also have gasoline available for disabled vehicles. Towing list - A list of towing businesses, maintained by the police department and used for the purpose of calling the appropriate towing service for all police needs and for removing vehicles from accidents where the operator has not selected a towing service. Tow operator s permit - A permit issued to a tow operator allowing the tow operator to be placed on the police towing list to provide towing services. Wait time - Additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Winching - The process of moving a motor vehicle by the use of additional chains, nylon slings and additional lengths of winch cable from a position that is not accessible for direct hook up by conventional means for towing and/or loading onto a tow vehicle. 2

3 SECTION TWO. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-4, Establishment and operation of tow list. be and the same is hereby amended and supplemented to read, in full, as follows: Establishment and operation of towing list. A. The Chief of Police or his/her designee shall establish a list of towing list and storage operators designated to provide towing and storage services required by the Police Department. Any towing and storage operators 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. B. All towing operators shall rotate on a daily basis. Whenever a towing and storage operator 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 operator shall continue to operate on his scheduled tow day. The Chief of Police or his/her designee shall establish such other written procedures for the operation of the tow i n g list as he shall deem appropriate. Nothing contained herein shall prevent the Chief of Police or his 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 operator service requires that assistance be rendered. SECTION THREE. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-5, Application; fee. be and the same is hereby amended and supplemented to read, in full, as follows: Application; fee. A. (1) All towing and storage contractors operators desiring to be included on the towing list shall file, on an annual basis, an application with the Police Department on a form approved by the Chief of Police or his designee. A p p r o v a l o f i n i t i a l applications hereunder shall be effective for a period of three years, commencing on January 1, The annual application fee shall be $600 for the three year approval $175. By filing such application, the applicant agrees to the terms and conditions 3

4 outlined in the application, including compliance with this chapter. Application for the initial towing list hereunder shall be finally adopted. The revised tow list shall remain effective until December 31, (2) Thereafter, all new applications must be completed and submitted to the Chief of Police by October 15 of t h e each calendar year preceding the year the towing operator desires to be included on the towing list. The application fee shall be pro rated at $200 per year. The towing list shall be effective for a period of one year, commencing January 1 of each successive year. (3) All renewal applications must be completed and submitted to the Chief of Police by November October 15 of the calendar year in which the approval expires. (4) All towing and storage operators desiring to be included on the tow list shall comply with all terms and conditions listed in this chapter. Failure to comply with this chapter shall result in immediate removal from the tow list. B. The application shall include the following information: (1) The full name and address of the towing operator and, if a corporation, the names and addresses of all officers and shareholders thereof. Only one towing o p e r a t o r corporation shall apply for any one address. (2) The description, by make, model, license number, year, gross vehicle weight, vehicle identification number and color, of each vehicle truck/wrecker. (3) The address at which each tow vehicle truck/wrecker will be principally kept. (4) The address of the authorized storage facility to which the towed vehicles will be taken and at which they will be stored. (5) The names, address and copy of the drivers licenses of all drivers of tow vehicles truck/wrecker. (6) The telephone numbers at which the Police Department may summon a tow v e h i c l e 4

5 truck/wrecker at any time, day or night. (7) Copies of required insurance policies or certificates of insurance. (8) Any other information as may be required by the Chief of Police or his designee. C. All proposed drivers of tow vehicles shall have a criminal history check and be fingerprinted through Morpho Trak, Inc. Drivers hired during an approval period shall be required to be fingerprinted within 30 days of being hired by the tow operator. SECTION FOUR. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-6, Standard, qualifications and procedures. be and the same is hereby amended and supplemented to read, in full, as follows: Standards, qualifications and procedures. The following are the minimum qualifying factors to be considered for inclusion on the towing list: A. Towing service. (1) Motor vehicle accidents. The towing o p e r a t o r contractor must be prepared to promptly clear the highway roadway, at the request of the Police Department, of any vehicle involved in a motor vehicle collision. The towing operator shall be required to clean up all debris from the highway or a t contractor will remove scene of a that was a result of the collision and shall apply absorbent materials to vehicle fluids in accordance with State l a w. The towing contractor will absorb all liquid from the scene that was a result of the collision. Where the vehicles are too large for the basic towing service to remove from the scene, the police will call for the assistance of others. (2) Disabled motor vehicles. The towing o p e r a t o r contractor must be prepared to promptly clear the highway roadway, at the request of the Police Department, of any vehicle that becomes disabled. Where the vehicles are too large for the basic towing service to remove from the scene, the police will call for the assistance of others. 5

6 (3) Motor vehicle impounds. The towing o p e r a t o r contractor must be prepared to promptly remove, at the request of the Police Department, any vehicle from the h i g h w a y roadway or private property. Where the vehicles are too large for the basic towing service to remove from the scene, the police will call for the assistance of others. B. Vehicle storage. (1) The premises to be utilized by the towing operator for the operation of the towing business a garage and the storage facility of motor vehicles must be must be in compliance with all land use regulations of the municipality in which the property is located. a property on which the towing and storage of motor vehicles is a permitted use under the ordinances in the. The towing operator shall provide a letter or certification from the zoning officer or other appropriate official of said municipality to establish compliance. At no time shall a towing operator store more vehicles upon the premises than are permitted in accordance with the governing regulations. (2) The storage facility maintained by the towing operator shall be sufficient in size to accommodate the storage, at any given time, of at least passenger vehicles. This storage facility must be in a fenced and secure area and under the control of the towing operator only. The towing operator may own or lease more than one storage facility which may be utilized for the storage of vehicles towed in accordance with this chapter, and in such case, the total capacity of all such storage facilities shall be at least passenger vehicles. If more than one storage facility is utilized, the same must be preapproved by the Manalapan Township Police Department. (3) If a storage facility is used by more than one towing operator, it shall accommodate at least 10 passenger vehicles for each towing operator. (4) The storage facility area must be located in the Township or within one mile of the corporate boundary of the Township of Manalapan. (5) Access to the storage facility area must be provided to the Manalapan Township Police Department on a twenty-four-hour basis. 6

7 C. Equipment. (1) Vehicles. (a) Two professionally constructed tow vehicles that meet the standards specified by the New Jersey Motor Vehicle Code. [1] Standard tow vehicle. [2] Flatbed tow vehicle. (b) Each tow vehicle shall be permanently lettered on both sides in accordance with Title 39 of the Revised Statutes. (c) Each tow vehicle must satisfy all safety standards as established authorized by Title 39 of the Revised Statutes or applicable regulations. When required by the Manalapan Township Police Department, each towing operator shall submit its vehicles for inspection by the Manalapan Township Police Department Traffic Safety Unit or any other approved inspection agency designated by the Manalapan Township Police Department. Any deficiencies shall be corrected within 30 days of the date of inspection. Proof of corrected deficiencies shall be provided by the towing and storage operator to the Manalapan Township Police Department. (d) Each tow vehicle shall permanently display the rates to be charged as listed in this chapter. (e)(d) Each vehicle shall be equipped with amber warning lights affixed to the top of each tow vehicle. (f)(e) Operator equipment, as outlined herein, must be the type, condition and design to efficiently perform the work required by the Township. (2) Safety. (a) Amber warning lights on the tow vehicle(s) shall be activated at the scene of each call. (b) Each person responding with the tow vehicle shall wear a reflective safety vest. 7

8 (3) Supplies. (a) Each tow vehicle shall be equipped with a broom capable of sweeping debris from the highway roadway. (b) Each tow vehicle shall be equipped with a flat shovel capable of removing debris from the highway roadway. (c) Each tow vehicle shall be equipped with containers capable of holding loose material to be removed from the scene. (d) Each tow vehicle shall be equipped with at least 20 pounds of an absorbent material in order to dry liquid on the highway roadway that is to be removed from the highway roadway. D. Response Time. (1) The towing and storage operator shall respond to all calls must meet the following response times within the Township of Manalapan within 20 minutes. (a) Business hours, Monday through Friday (8:00 a.m. to 5:00 p.m.): 20 minutes. (b) Non-business hours, Monday through Friday (5:01 p.m. to 7:59 a.m.): 30 minutes. (c) Weekends and holidays (24 hours): 30 minutes. (d)(2) Large vehicle service response time shall be within 50 minutes. requirements: normal day or night response plus 30 minutes when required. (2)(3) Response time determination is to be initiated when the police call requesting towing is completed. Where the police cannot reach the next eligible operator on the list, that operator shall be deemed to have forfeited its position and the next succeeding operator on the list shall be called. F.E. Insurance. (1) The towing and storage operator shall maintain the following minimum insurance coverage in the name of the applicant: 8

9 (a) Automobile liability in an amount not less than $1,000,000 combined single limits. (b) Workers compensation as required by statute. (c) (d) Garage keeper s liability in an amount not less than $100,000 $60,000 per location. 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 operator shall present a certificate of insurance evidencing the above coverage 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 p e r m i s s i v e, n o r l a n g u a g e a b s o l v i n g t h e company/agent from liability for failure to notify. (3) By virtue of making application to be included on the towing list, the applicant will be deemed to agree to indemnify and hold the Township of Manalapan 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 Manalapan. (4) The applicant agrees to notify the Chief of Police immediately of any change, cancellation or lapse of insurance coverage. GF. Prohibition of oral inquiry. No towing and storage operator included on the towing list shall make oral inquiry regarding its position on the list, violations by other towing and storage operators or any other matters relating to performance under this chapter. All other such inquiries must be made in writing addressed to the Chief of Police. 9

10 HG. Customer fees and billing. All customers shall be provided a written bill which must be in an amount not exceeding the rates provided for herein. All towing operators shall accept at least two major credit cards and shall not charge the patron for the use of any credit card. H. Record keeping. All customer bills shall include, at a m i n i m u m, t h e d a t e, t i m e, l o c a t i o n a n d v e h i c l e information; all service charges and fees; and the name, address and telephone number of the vehicle owner. A copy of all customer bills shall be retained by the towing operator for a period of three years from the date of service and will be made available for inspection by the Township Police Department upon request. KI. LJ. Storage provision during emergency condition. During emergency situations (snow storms, etc.), the towing and storage operator 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 such emergency. Registered towing personnel. The towing and storage operator must register all personnel, on a form approved by the Police Department, who are authorized by the firm to provide towing and storage services for the firm at the time of employment and then register and update the information at the time a renewal application is filed every calendar year on November 15 or as otherwise required by the Police Department. The registration must include for each person: (1) Name, residence and telephone number. (2) New Jersey driver s license number and expiration date. (3) Social security number. (4) Signed statement by each person setting forth his/her understanding that a criminal history background check will be required, performed by the Manalapan Police Department, the results of which will be used by the Police Department in determining the eligibility of the towing and storage operator for inclusion on the tow list. It is further understood that each such person may be required to submit photographs and fingerprints. 10

11 MK. Conduct of towing and storage operators. (1) The towing operator agrees that the owner(s) or officers of the company shall be responsible, except as otherwise provided by law, for the negligent acts of their employees while acting pursuant to this chapter. (2) Towing operator will ensure adequate available personnel to provide necessary Township wrecker services on all assigned tow days on a twenty-four-hour basis. seven days per week. (3) Employees of operator shall not claim to represent or be employed by the Township of Manalapan. (4) No t o w i n g operator shall solicit, demand or receive from any person any commission or fee except the fee for transporting or servicing the vehicle to be towed, as established by this chapter. (5) No towing operator or his employees operators shall pay any gratuity or tip to any third person not involved in the towing or removal of any vehicle for any information as to the location of any crash or for soliciting the employment of the operator/operator s service. (6) No towing operator shall engage in the conduct of cruising for tows or service calls within the Township. (7) Subcontracting of towing services is not permitted. Only towing licensed operators employing approved drivers operators and utilizing inspected and approved tow vehicles operator equipment will be permitted. (8) Switching or trading of rotation assignments by towing licensed operators shall not generally be permitted unless some exigent circumstances exist which necessitate same. Such circumstances shall be submitted in writing to the Chief of Police for approval prior to any such activity taking place. 11

12 (9) The schedule of fees associated with towing and storage h e r e u n d e r in conjunction with the rotation program shall be conspicuously displayed in all operator facilities for review by customers. Similarly, a schedule of these fees shall also be placarded on each approved t o w vehicle wrecker to be utilized by the towing o p e r a t o r in conjunction with this rotation program. SECTION FIVE. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-7, Towing and storage rates. be and the same is hereby amended and supplemented to read, in full, as follows: Towing and storage rates. Towing operators storage contractors shall not charge fees for towing or storage more than those authorized by this chapter. Unless specified, the fee includes waiting time, clean up, and mileage. A. Light-duty towing (vehicles up to and including 10,000 pounds). (1) Basic towing service includes motor vehicle crashes, impounds, and disabled vehicles. Unless specified, the fee includes waiting time, clean up, and mileage. (a) Business hours: service 8:00 a.m. until 5:00 p.m. Monday through Friday: $115 $90. (b) Non-business hours: service 5:01 p.m. until 7:59 a.m. Monday through Friday: $ $100. (c) (d) (e) Weekend service: 5:01 p.m. Friday through 7:59 a.m. Monday: $115 $110. Any federal or New Jersey state holiday from 8:00 a.m. until 7:59 a.m. the following morning: $115 $110. R e c o v e r y / w i n c h i n g charge (does not include tow charge): $100 per hour p l u s tow fee. 12

13 (f) Storage fee: [1] Outdoor storage: $40 $25 per day. [2] Indoor storage: $50 $45 per day. (g) Clean-up fee: $35 plus $15 per bag of absorbent material. Hazardous fluid clean-up fee: $25. (h) Wait time: $60 per hour after 60 minutes on scene. (2) If a vehicle is towed from the scene of a call to a place other than the towing operator s contractor s storage area at the request of the owner or authorized representative, a fee not exceeding $5.00 $3.50 (based upon current AAA mileage rate) per mile may be charged. B. Heavy-duty towing. (1) Basic fees. (a) Conventional tow (10,001 pounds to 26,000 pounds): $275 $225. (b) Conventional tow (26,001 pounds to 80,000 pounds): $500 $450. (c) Conventional tow bus coach: $500 $450. (d) Nights, weekends and holidays, additional: $50. (e)(d) Recovery/winching charge ( d o e s n o t include tow charge): $ 350 $325 per hour plus tow fee. (f)(e) Storage fee: $60 $50 per day. (g)(f) Landrloll or similar low-boy trailer: $ $350. (h)(g) Remove chrome bumper: $30. (i)(h) Connect air line: $25. (j)(i) Remove axle: $45 $25 per. 13

14 (k)(j) Remove drive shaft: $45 $30. (l)(k) Remove air scoop: $45. (m)(l) Remove exhaust pipes: $30. (n)(m) Cage brake chambers: $35 $25 per. (o)(n) Extra man, per hour, per man: $75 $50(to be charged in thirty-minute increments). (o) Wait time: $100 per hour after 60 minutes on scene. (p) Hazardous fluid clean-up fee: $25. Clean-up fee: $35 plus $15 per bag of absorbent material. (2) If a vehicle is towed from the scene of a call to place other than the towing contractor s storage area at the request of the owner or authorized representative, a fee not exceeding $10.00 $7.50 per mile may be charged. C. Storage. Storage includes vehicles taken to the contractor s yard as a result of a motor vehicle crash, impound, or disabled vehicle. (1) The storage period starts at 12:01 a.m. on the day following the day the vehicle is placed into storage and ends at 12:00 midnight each day. (2) Vehicles released on the same day that the vehicle is placed into storage will not incur any storage fees. D. Receipt. The towing and storage contractor shall issue a receipt itemizing all charges as set forth in 216.6H of this chapter. E. Violations and penalties; liability for operators who engage in a pattern and practice of knowingly violating fee limits. Operators who engage in removal of motor vehicles, or any employee, officer or agent thereof, who engage in a pattern or practice of knowing violation of the fee limits set herein may be liable to the municipality for a civil penalty of not less than $25 nor more than $50 for each motor vehicle stored with the operator. Such penalties will be collected in a summary manner in the Manalapan 14

15 Township Municipal Court in accordance with the Penalty Enforcement Law of SECTION SIX. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-8, Arrangements by person responsible for automobile. be and the same is hereby amended and supplemented to read, in full, as follows: Arrangements by person responsible for automobile. Nothing contained in this chapter shall prevent a person responsible for an automobile disabled upon the public streets or highways within Manalapan Township from arranging 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. SECTION SEVEN. Chapter 216, Towing of the Code of the Township of Manalapan, Section 216-9, Service Calls. be and the same is hereby amended and supplemented to read, in full, as follows: Service Calls. A. The towing and storage contractor may not exceed the following rate for service calls provided: (1) Jump starts: $75 $60. (2) Tire change: $75 $60. (3) Out of fuel: $75 $60 plus cost of fuel. (4) Lock-out: $75. Winching service without tow: $75. B. Receipt. The towing and storage contractor shall issue a receipt itemizing all charges as set forth in 216-6H of this chapter. 1 Editor s Note: See N.J.S.A. 2A:58-10 et seq. 15

16 SECTION EIGHT. Chapter 216, Towing of the Code of the Township of Manalapan, Section , Removal from tow list. be and the same is hereby amended and supplemented to read, in full, as follows: Removal from tow list. In the event that a towing operator 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 indefinitely or return the person or entity to the list either immediately or after a specified period of time. SECTION NINE. Chapter 216, Towing of the Code of the Township of Manalapan, Section , Availability of towing and storage regulations. be and the same is hereby amended and supplemented to read, in full, as follows: Availability of towing and storage regulations. The Police Department and the office of the Township Clerk shall maintain copies of this chapter, which shall be available for inspection during regular business hours of the municipality. SECTION TEN. All Ordinances or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistencies. SECTION ELEVEN. If any section, subsection, paragraph, sentence or other portion of this Ordinance be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance. 16

17 SECTION TWELVE. This Ordinance shall take effect immediately upon its passage and publication according to law. NOTICE OF PUBLIC HEARING The Ordinance published herewith was Introduced and approved at a meeting of the Township Committee of the Township of Manalapan held on November 13, 2013 and will be further considered for final passage after a Public Hearing thereon before the Township Committee of the Township of Manalapan during a meeting to be held on December 11, 2013 at the Municipal Complex, 120 Route 522 and Taylors Mills Road, Manalapan, New Jersey at 8:00 p.m. or as soon thereafter as the matter may be reached, or at any meeting to which that meeting may be adjourned, at which time any and all persons who may be interested therein will be given an opportunity to be heard. The proposed Ordinance in its entirety is on file in the Municipal Clerk s Office and copies may be obtained without charge between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday. A complete copy may also be obtained from the Manalapan Township web-site by clicking on the Ordinance title listed on the Agenda posted for the Township Committee meeting of December 11, REGINA PRETEROTI, RMC Municipal Clerk 17