Ordinance No. 16-04

Introduced: February 8, 2016
Public Hearing: February 22, 2016
Status: Adopted

An ordinance of the Township of Vernon, County of Sussex, and State of New Jersey amending Chapter 518 of the township code entitled “Towing”

BE IT ORDAINED by the Township of Vernon, in the County of Sussex, and State of New Jersey that Chapter 518 entitled “Towing” of the Code of the Township of Vernon is hereby amended as follows:

SECTION I. §518-3 is hereby amended, supplemented, and revised by deleting §518-3(C) and (E) in their entirety and replacing same as follows:

§518-3. Applications for police towing permit.

C. The applicant will arrange for another tow service approved by the Township of Vernon to replace them when unable to meet his commitment for any portion of his on-call status or when they do not have the proper equipment to fulfill his duties.

E. The applicant has a commercial property within the Township of Vernon which has been approved and zoned for the storage of motor vehicles and such property can properly accommodate and protect the vehicles stored there. Such property must be able to accommodate both indoor and outdoor storage.

SECTION II. §518-6 is hereby amended, supplemented, and revised by deleting §518-6(G) in its entirety and replacing same as follows:

§518-6. Conduct of owners and operators.

G. After receipt of notification of an incident by the Police Department, it is the responsibility of the tow operator to be en route to the location within 10 minutes during the day and 15 minutes at night, unless unforeseen circumstances arise. The operator must continue to be accessible via cellular phone in case the operator is needed to be diverted to a more urgent situation or location. If there is to be any delay in responding, the tow operator must notify Vernon Police Dispatch when they receive the initial call.

SECTION III. §518-6 is hereby amended, supplemented, and revised by adding §518-6(I), §518-6(J), and §518-6(K) as follows:

§518-6. Conduct of owners and operators.

I. During daytime hours of 8:00 a.m. to 6:00 p.m., the tow operator and his equipment must be located within a 10 minute drive time to Vernon Police Headquarters. During other hours the operator and his equipment must be located within a 30 minute drive time to Vernon Police headquarters. These times shall be calculated driving at or below the posted speed limits.

J. At no time is any tow operator authorized to exceed any posted speed limit or violate any other motor vehicle law while responding to or return from any incident.

K. Any tow operator who is assigned a spot in the rotation by the Chief of Police must agree that while “on-call” for Vernon Township they will not be “on-call” for any other agency during the same time period.

SECTION IV. §518-7 is hereby deleted in its entirety and replaced as follows:

§518-7. Rotating call list and schedule.

A. A rotating on call list of no less than two (2) and no more than four (4) qualified permittees shall be maintained by the Chief of Police, with the number to be set at the discretion of the Chief of Police. In the event the on-call tow service is not available, the next tow service in the rotation on the tow list will be used to assure fairness. Substitute operators are acceptable, but only tow services on the on call or alternate tow list are allowed absent exceptional circumstances, to be determined by the Chief of Police.

B. The Chief of Police may designate up to four (4) alternate tow operators. Alternate tow operators are not part of the tow rotation but may be used as needed. Alternate tow operators are not subject the restrictions set forth in §518-3(F) or §518-6(I).

SECTION V. §518-8(C) is hereby amended, supplemented, and revised by changing “Initial Tow” rates and “Additional Charges” as follows:

§518-8. Service rates.

INITIAL TOW:
Day rate tow - $125
Night rate tow - $150

ADDITIONAL CHARGES:
Mileage rate (one way) - $4.00 per mile
Labor rate - $80 per hour (when applicable)
Administrative charge - $40
Yard charge - $40
Absorbent charge - $25
Cover vehicle charge - $35
DWI tow - $50 (when applicable)

SECTION VI. All other provisions of Chapter 518 shall remain unchanged.

SECTION VII. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

SECTION VIII. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township, the provisions hereof shall be determined to govern. All other ordinances of the Township are hereby ratified and confirmed, except where inconsistent with the terms hereof.

SECTION IX. This Ordinance shall take effect immediately upon final passage and publication according to law.