TOWNSHIP OF VERONA

ORDINANCE #8-15

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF VERONA CHAPTER 140 THEREOF ENTITLED VEHICLES AND TRAFFIC BY REPLACING ARTICLE XV IN ITS ENTIRETYAS FOLLOWS

CHAPTER 140-71 TOWING

GENERAL REFERENCES

Police Department- See Chapter 38

Vehicles and Traffic- See Chapter 140

SECTIONS
§140-71.1PURPOSE
§140-71.2DEFINITIONS

§140-71.3LICENSE REQUIRED; APPLICATION PROCESS & INVESTIGATION OF APPLICANTS

§140-71.4LICENSE TERM, EXPIRATION, APPLICATION FEES & LICENSE FEES

§ 140-71.5ISSUANCE AND REVOCATION OF LICENSES

§140-71.6TRANSFERABILITY OF LICENSE; DISPLAY

§140-71.7ADDITIONAL TOWING LICENSEE REQUIREMENTS

§140-71.8INSURANCE REQUIREMENTS

§140-71.9DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; NOTICE OF HEARING

§140-71.10ROTARY LIST OF TOWING LICENSEES

§140-71.11FEE SCHEDULE & FEE CARDS

§140-71.12NON-BASIC TOWING SERVICE

§140-71.13ENFORCEMENT; REGULATIONS

§140-71.14INDEMNITY

§140-71.15COPY ON FILE

§140-71.1PURPOSE

The purpose of this Chapter is to establish, pursuant to N.J.S.A. 40A:11-5(1)(u), a list of Towing Contractors that willprovide Towing Services for the Township of Verona ("Township") on a rotating basis and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing contractors who provide Towing Services for the Township.

§140-71.2DEFINITIONS

The following words and terms, when used in this Chapter, shall have the following meanings, unless context clearly indicates otherwise:

ABANDONEDAUTOMOBILE

Any Automobilethatis left along a public roadway, other public property, or on privateproperty without the owner's consent, for a period of more than 48 hours,or for any period without license plates or a current registration sticker. An abandoned Automobileshall also include any Automobile that is left unattendedand positioned so as to constitute an obstruction to traffic for any period of time.

APPLICATION FEE

A non-refundable fee of five hundred dollars ($500) due and payable to the Township at the time that a Towing Contractor submits an application for a Towing License.

1

AUTOMOBILE

Anymotor vehiclesthat are designed to run primarily on roads for the transport of people and/or goods, whether personally or commercially owned or leased. For purposes of this definition, an Automobile shall be assumed to include, without limitation, private cars, station wagons, sport utility vehicles, mini-vans, motorcycles, mopeds, all-terrain vehicles, other personal mobility devices and any vehicle whose weight is 10,000 pounds or under. For purposes of determining what constitutes Non-Basic Towing Services, anAutomobile does not include any Oversized Vehicles, such as trucks or buses.

BASE OF SERVICE

The location where aTowing Licenseestations its TowingVehicle(s) when not in use.

BASIC TOWING SERVICES

The removal and transportation of an Automobile at the request or call of authorized personnel or members of the Townships’ Police Department as may be required when the Automobile isabandoned, disabled, damaged in accidents, illegally parked, recovered after being stolen or in cases of emergency, removed from a highway, street, or other public or private road, parking area, or 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. Such excluded Towing Services are covered by Non-Basic Towing Services.

CHIEF OF POLICE

The Chief of the Township’s Police Department or his/her designee.

LICENSE FEE

An annual fee of five hundred dollars ($500), or as otherwise set forth in this Chapter, payable to the Township for the administration of Towing Licenses.

LICENSE TERM

A period, not to exceed three (3) calendar years, during which a Towing Licensee has been awarded a Towing License. A new License Term commences every three (3) calendar years on January 1, commencing in 2016, and expires every three (3) calendar years on December 31, commencing in 2018. In the event that a Towing License is issued after the commencement of a new License Term, the License shall expire at the conclusion of that particular License Term irrespective of the date of issuance.

Majority Owners/Shareholders

For purposes of this Chapter, any person or entity with an ownership interest that is greater than 10% in a Towing Contractor.

MOTOR VEHICLE ACCIDENT

An occurrence in which anAutomobileor Oversized Vehicle collides with, or otherwise comes into contact with, any other object,thereby rendering the Automobileor Oversized Vehicle inoperable and requiring thatthe Automobileor Oversized Vehicle be towed or removed for placement in a storage facility. This includes all situations that are accidental to one person even if caused by the intentional acts of another.

NON-BASIC TOWING SERVICES

All Towing Services that are not subsumed within the definition of Basic Towing Services or forTowing Services to be provided for Oversized Vehicles.

OVERSIZED VEHICLES

For purposes of this Chapter, any motor vehicle that is not an Automobile, as defined herein, and whose weight is greater than 10,000 pounds. Such motor vehicles shall include, without limitation, large trucks, buses and tractor trailers.

STORAGE FEES

The maximum allowable sums to be charged by a Towing Licensee for storage of an Automobile per twenty-fourhour period or a fraction thereof. Each new twenty-four-hour period begins at 12:01 a.m.

STORAGE FACILITY

An enclosed property leased or owned by a Towing Licensee where Automobiles and Oversized Vehicles towed from the Township will be stored until retrieved by the owner or lessor.

TOWING CONTRACTOR

An individual or entity duly licensed by the State of New Jersey to perform Towing Services.

TOWING LICENSE

A license issued by the Township to a Towing Contractor who has successfully met all of the qualifications and application requirements, as set forth in this Chapter, to provide Towing Services for the Township.

TOWING LICENSEE

A Towing Contractor that has obtained a license to provide Towing Services for the Township in accordance with the provisions of this Chapter, and any other applicable Township ordinances relating to Towing Services.

TOWING SERVICES

The act of retrieval and removal of Automobiles and Oversized Vehicles from the Township by a Towing Licensee. For purposes of this Chapter said services aresubsumed within the definitions of Basic Towing Services and Non-Basic Towing Services, herein.

TOW VEHICLE

Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts, or under reach equipment specifically designed by its manufacturer for the removal or transport of Automobiles and Oversized Vehicles.

§140-71.3LICENSE REQUIRED; APPLICATION PROCESS & INVESTIGATION OF APPLICANTS
  1. No person or entitydesiring to provide Towing Services for the Township shall engage in the business of towing within the Township without being a Towing Contractor and first obtaining a Towing License from the Township.
  1. All Towing Contractors seeking a Towing License under this Chapter are required to complete, sign and verify a written application on a form furnished by the Township Clerk. The applicationshall include without limitation:
  1. The name, business address, telephone number, driver's license number and social security number of the owner of the Towing Contractor. If the Towing Contractoris a corporation or limited liability company or other incorporated entity, the application shall contain the name, residence, business address, and telephone number of every Majority Owner/Shareholder, as well as the entity's employer identification number.
  1. The name, home address, telephone number, driver's license number and social security number of each driver employed bythe Towing Contractor.
  1. The vehicle identification number and proof of registrationfor each vehicle to be operated by the Towing Contractor in the performance of Towing Services.
  1. A detailed listing of the equipment to be utilized while providing Towing Services. The listing shall include the following information: type of Towing Vehicle and whetherit is owned or leased. All leased and rented equipment must be permanently located at the Towing Licensee's Base of Service at all times during the License Term. Each piece of the equipment must meet the minimum standards set forth herein. Equipment that cannot meet these minimum standards shall not be used to provide Towing Services.
  1. The name and address of the Towing Contractor’s insurer along with copies of all applicable policies of insurance or certificates of insurance coverage, as provided in this Chapter.
  1. A certification that the Towing Contractor will be able to provide Towing Services, as set forth in this Chapter, anywhere in the Township with a maximum response time of fifteen (15) minutes.
  1. A certification that the Towing Services will be available twenty-four (24) hours a day, seven (7) days-per-week when the Towing Licensee is expected to be available for TowingServices.
  1. A certification that the Storage Facility(s) will remain open for the period of time specified in this Chapter.
  1. An agreement to abide by the feeschedule set forthin this Chapter.An agreement to provide free Towing Services for Automobiles and Oversized Vehicles owned or leased by the Township.
  1. A detailed siteplan indicating the location of the Storage Facility, the number of vehicles that can be properly stored, and the total square footage of the storage area.
  1. The names, addresses, and telephone numbers of three(3) business references that have known the Towing Contractor for at least three(3) years.
  1. An agreement to indemnify and hold the Township harmless from any claims arising out of Towing Servicesprovided by the Towing Contractor.
  1. Each Towing Contractor must be able to demonstrate to the Township that it is thoroughly qualified and experienced in the towing and removal of Automobiles and Oversized Vehicles, and that it has adequate, equipment, expertise, Storage Facility(s), licensing, and personnel to perform the Towing Services required by this Chapter,and in a manner satisfactory to the Police Department.
  1. A designee of the Police Department shall be charged with the investigation of Towing Contractors who have submitted an application for a Towing License to the Township and shall recommend the issuance of a maximum of three (3) Towing Licenses when it is determined that:
  1. Public necessity and convenience require the Towing Service for which an application has been submitted.
  1. A Towing Contractor has submitted a complete written application along with requisite proofs, certifications and the applicable Application Fee, as provided in this Chapter.
  1. A thorough background investigation of the Towing Contractorreveals that the TowingContractor has met application requirements and is otherwise qualified to provide Towing and Storage Services for the Township in accordance with this Chapter.
  1. The Police Department will conduct a background check of each Towing Contractor, its Majority Owners/Shareholders, officers, principals and employees.
  1. A background check of the Towing Contractor shall include, without limitation:
  1. A criminal records search of the Towing Contractor, its Majority Owners/Shareholders, officers, principals and employees.
  1. Obtaining driver’s abstracts forthe Towing Contractor, its Majority Owners/Shareholders, its principals and each driver listed in the application.
  1. Verification of ownership, registration and insurance for each Towing Vehicle listed in the application.
  1. Inspection of the Towing Contractor’s Storage Facility(s) to ensure compliance with the requirements of this Chapter.
  1. Any persistent violations and/or high incident of Motor Vehicle Accidents in the past ten (10) years may rendera particular driver and/or Towing Contractor ineligible to qualify for a Towing License, or may be grounds for the revocation of a Towing Licenseissued by the Township.
  1. A conviction of a felony by any Majority Owner/Shareholder, officer, principal, employee orsubcontractorof a Towing Contractor shalldisqualify theTowing Contractorfrom a Towing Licenseunless waived by the Township, at its sole discretion.

§140-71.4LICENSE TERM, EXPIRATION, APPLICATION FEES &LICENSE FEES

  1. Licenses are issued for a term of three (3) calendar years, commencing on January 1, 2016 and expiring on December 31, 2018, unless applications are called for mid-Term due to public necessity and convenience or as a result of the revocation, suspension or voluntary surrender of a Towing Licensepreviously issued to another Towing Licensee. All Towing Licenses shall expire on December 31 of the third (3) year issued, commencing in 2018, irrespective of the date of issuance.
  1. There is no ownership right in aTowing License and there shall not be any automatic renewal of any Towing License. All Towing Licenses shall expire on December 31 of the third (3) year issued, commencing in 2018. A Towing Licensee desiring to renew a Towing License due to expire shall submit anew application not later than October 31of the year in which the Towing License is set to expire. A Towing Contractor desiring to apply for an available Towing License shall submit an application not later than October 31 of the year in which the current Towing Licenses are set to expire.
  1. Applications for a Towing License shall be made available to the public at the Township Clerk’s Office every three (3) calendar years on October 1, commencing in 2015, and shall be due no later than October 31 of that year. The Township shall post notice of opportunities for Licenses on its Website and the official Township Newspaper. Applications will be investigated by the Police Department on a first come, first serve basis. The first three (3) Towing Contractors who submit completed applicationsto the Township Clerk and, who upon investigation by the Police Department are determined by the Police Department to successfully meet all of the requirements for Towing Services of this Chapter shall be issued Towing Licenses.
  1. Applications for a Towing Licenseshall be accompanied by a nonrefundable Application Fee of fivehundred dollars ($500.00), payable to the Township.
  1. In addition to the Application Fee, there is an annual License Fee of five hundred dollars ($500.00), payable to the Township for every year that the Towing License is issued.
  1. The annual License Fee is due on or before December 1 for the following calendar year in accordance with the following schedule:

License Fee Schedule for License Term Commencing January 1, 2016

YearLicense FeeDue Date

2016$500.00December 1, 2015

2017$500.00December 1, 2016

2018$500.00December 1, 2017

In the event a Towing Licenseis issued after the commencement of the License Term, the annual License Fee, as assessed in this Chapter,is due at the time that the Towing License is issued. Irrespective of when a Towing License is issued, the annual License Fee of five hundred dollars ($500.00) for the following calendar year of the License Term is due on or before December 1.

  1. There shall be no prorating of License Fees unless a Towing Licenseis issued on or after July 1 of any calendar year. The License Fee for a Towing License issued on or after July 1 shall be two hundred and fifty dollars ($250.00), payable to the Township and due at the time of issuance.
  1. The annual License Fee shall be accompanied by current proofs of registration and insurance, as well as an updated list of Towing Vehicles and drivers along with evidence of their articulated driver’s license and social security number, as provided in this Chapter. Failure to abide by this requirement shall be a basis for revocation of a Towing License. It is the sole responsibility of the Towing Licensee to promptly provide the Township with an updated list of Towing Vehicles and drivers, along with requisite proofs, as changes in Towing Vehicles and personnel are made throughout the year.
  1. An annualLicense Fee not received by the Township Clerk on or beforeDecember1 for the following calendar year is considered a delinquencyand shall result in immediate suspension of the towing license until such time as the delinquency is cured. If uncured within thirty (30) days such a delinquency shall be grounds for revocation of theTowing License. More than one (1) suspension for any reason in any given License Term, including delinquent payment ofLicense Fees, may result in revocation of the Towing License.

§140-71.5ISSUANCE AND REVOCATION OF LICENSES

  1. A Towing License may be denied, suspended, or revoked upon any of the following grounds:
  1. Failure to satisfy any of the requirements in §140-71.3, above.
  1. Submitting a fraudulent or misleading application.
  1. A criminal conviction or disorderly persons offence involving moral turpitude of any Majority Owner/Shareholder, officer, principalor employee of the Towing Contractor.
  1. Failure to respond reliably and promptly to calls for Towing Servicesor any other unsatisfactory performance. However, an occasional failure to respond to a call for Towing Services for good cause, such as during periods of severe inclement weather, shall not be a basis for suspension or revocation of a Towing License.
  1. Failure to utilize safe and adequate equipment as defined in this Chapter.
  1. Violations of motor vehicle laws and/or municipal ordinances.
  1. Failure to maintain appropriate insurance as required by this Chapter.
  1. Failure to pay annual License Fees in a timely manner.
  1. Violations of any of the provisions of this Chapter or any of the rules, regulations, and policies promulgated herein.
  1. Complaints of any kind, including but not limited to, service, overcharging, theft of parts, damage to towed Automobiles and Oversized Vehicles, discourteous treatment, and the like.
  1. The Township Clerk shall promptly notify a Towing Contractor of the approval or denial of his application by the Police Department.
  1. The Towing License shall contain:
  1. The name and address of the Towing Licensee and the address of the Storage Facility(s) where towed Automobilesand Oversized Vehicles are to be stored.
  1. The Towing License number.
  1. Dates of issuance and expiration of the Towing License.
  1. Signature of the Township Clerk and the Seal of the Township.
  1. The Township Clerk shall send a copy of the Towing License to the Police Department for filing and shall keep a permanent record of Towing Licenses issued.
  1. It is the sole responsibility of the Towing Licensee to promptly notify the Township of any updates or changes to information provided on the Towing License including, without limitation, the list of towing vehicles and drivers employed by Towing Licensee. A failure to promptly notify the Township Clerk of changes to information contained on the Towing License may result in suspension and/or revocation of the Towing License.
  1. If during any three (3) year License Term a particular Towing Licensee voluntarily surrenders hisTowing License for any reason whatsoever and/or is suspended and/or has his Towing License revoked for any reason under this Chapter or for any other such proper reason, then it shall be in the discretion of the Township Manager and Police Chief to fill such Towing Licensee’s slot in accordance with the criteria in this Chapter.
§140-71.6TRANSFERABILITY OF LICENSE; DISPLAY
  1. A Towing License issued under this Chapter shall not be transferable or assignable.
  1. A copy of the Towing License shall be prominently displayed in each vehicle providing Towing Services for the Township. Each Towing Licensee shall produce the original Towing License whenever called upon to do so.
§140-71.7ADDITIONAL TOWING LICENSEE REQUIREMENTS
  1. Payment to Towing Licensee
  1. The Towing Licensee shall, at its sole expense, prepare a printed bill for distribution to the owner or lessor of an Automobile or Oversized Vehicle for whom Towing Services have been provided. The printed bill shall reflect the fee to be paid in accordance with the rates stated on the fee card, unless otherwise approved by the Police Department. The printed bill shall also include the information required to be printed on the fee card as well as a statement to the effect that all complaints shall be referred to the Police Department. The Police Department shall approve the format of this form.
  1. The Towing Licensee shall accept from any owner, lessor or a representative of an Automobile or Oversized Vehicle, methods of payment in the form of cash, certified check, money order and by at least one major credit card. A major credit card is defined as one issued under American Express, Discover, MasterCard, or Visa. The Towing Licensee is not obligated to accept personal checks for payment.
  1. Hours of Service
  1. Towing Services must be provided on a twenty-four (24) hour, seven (7) day-per-week basis. It is required that a TowingVehicle be on the site of the event within 15 minutes of the time of the call from the Police Department. The Towing Licensee shall provide the Police Department a telephone number that will be manned at all times to quickly dispatch TowingVehicles.
  1. The Towing Licensee's normal hours of operation for the public shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 9 a.m. to 1 p.m. on Saturday or as otherwise approved by the Police Department. The Police Department shall be provided twenty-four (24) hour access to the Storage Facilities.
  1. Storage
  1. The Storage Facility(s) shall be located within a 3 mile radius of 600 Bloomfield Avenue, Verona, NJ in order that Police vehicles transporting persons to the Storage Facility are never more than a 10 minute drive from the Township’s borders in the event of an emergency and to facilitate the ability of Automobile and Oversized Vehicle owners, lessors or their representatives, to obtain access to affordable public transportation to retrieve their towed vehicles.
  1. At a minimum, Storage Facility(s)shall include storage capacity of up to twenty (20) motor vehicles for the exclusive use of each Towing Licensee in a secure fashion and equipped with ample lighting.
  1. Employees
  1. The Towing Licensee shall employ a sufficient number of employees to comply with the minimum operational requirements set forth in this Chapter.
  1. No person shall be employed by the Towing Licensee for Towing Services under this Chapter unless he has submitted to a background check and has been approved by the Police Department.
  1. All drivers of the Towing Licensee shall be over the age of 18 years and must have a valid New Jersey State driver's license, shall have submitted to a background check and been approved by the Police Department.
  1. Complaints of any kind, relative to service, overcharging, theft of parts, damage to Automobiles or Oversized Vehicles, discourteous treatment, and the like, that are referred to the Police Department for investigationmay result in suspension and/or revocation of the Towing License.
  1. The Towing Licensee agrees that itsMajority Owners/Shareholders and/or officers shall be responsible, except as otherwise provided by law, for the negligent acts of its employees while acting under this Chapter.
  1. Conduct of Towing Licensees and operators generally.

No Towing Licensee shall: