Ordinance No. 14-17

Introduced: June 15, 2017
Public Hearing: June 29, 2017
Status: Adopted

An ordinance supplementing and amending the revised ordinances of the Township of Randolph, Morris County, New Jersey, of Chapter 48, Towing Services

WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage, regulate and control the finances and property of the municipality; and

WHEREAS, the Township of Randolph desires to supplement and amend the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, Chapter 48, Towing Services.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. The Revised Ordinances of the Township of Randolph, Morris County, New Jersey, Chapter 48, Towing Services, is hereby supplemented and amended to read as follows:

CHAPTER 48—TOWING SERVICES

Sec. 48-1: Definitions.

Abandoned vehicle—any vehicle partially dismantled, not readily capable of operation under its own power, not currently used for transportation, not currently licensed, wrecked, or junked. Also, any vehicle whose owner has terminated the use and care of the vehicle and has either indicated by his words or actions an intent to leave it and no longer claim ownership of it or left it without making arrangements for storage with the owner, occupant or person in control of the premises on which it is located.

Administrative fee—fee to be charged when the services provided are needed as a result of a motor vehicle accident. The administrative fee represents compensation to the tow operator for paperwork and phone calls with insurance companies and others in connection with the motor vehicle accident. The administrative fee is in addition to the Basic Towing Service and any other associated fees.

Basic Towing Service—the removal and transportation of a vehicle from a highway, street or other public or private road, or a parking area or from a storage facility and other services normally incident thereto, including tarping. Basic Towing Service does not include consent tows, road services, or winching.

Consent Tow- the towing of a vehicle from the scene to anywhere other than the operator’s garage or towing a vehicle from the operator’s garage to a third location. Consent tows are outside the terms of this chapter. The fees for consent tows are to be determined by the operator and do not have to comply with the fees set forth herein.

Debris Clean-up (standard)—the clean-up of debris at the point of impact, the final resting point of the vehicle and the associated debris field. Debris clean-up includes the use of absorbents to soak up spills or vehicle fluids as permitted by law.

Debris Clean-up (extended)—the clean-up of debris at the point of impact, the final resting point of the vehicle and the associated debris field, as well as along the path of pre-impact and/or post impact, where vehicle disintegration and/or other property damage occur as a result of the motor vehicle accident or incident.

Heavy Duty Wreckers—provision of basic towing services for a vehicle that weighs 26,000 pounds or more.

Light Duty Wreckers—provision of basic towing services for a vehicle that weighs up to 10,000 pounds.

Medium Duty Wreckers—provision of basic towing services for a vehicle that weighs 10,001 pounds to 25,999 pounds.

MVC—The State of New Jersey Motor Vehicles Commission

Operator—a towing company that has been approved by the Township Manager and placed on the Towing Operators Rotational List by the Chief of Police.

Regular Business Hours—the business hours that the Operator is open to the public between the hours of 8:00 a.m. and 4:30 p.m. (see Section 48-11).

Road Service—when an operator responds to a service call and makes repairs to a passenger vehicle on site without towing said vehicle back to the service garage. Repairs may include, but are not limited to, such activities as repairing flat tires, providing a jump start, and/or opening a locked vehicle.

Rollback Truck—this vehicle shall be classified no lighter than 14,000 GVW.

Secured storage facility—a facility that is inside a locked building or outside in a completely enclosed area with a fence of a minimum of six (6) feet in height, with at least one entrance and exit gate and is completely illuminated to safe guard the motor vehicles.

Specialized equipment—equipment needed for recovery of a vehicle that is not identified in this chapter.

Storage fees—the maximum allowable amount to be charged by an operator for a 24-hour period or fraction thereof for passenger vehicles. A new 24-hour period begins at 12:01 a.m. Storage is charged on a per calendar day or any part thereof.

Tarping—covering a motor vehicle to prevent weather damage.

Towing Operators Rotational List—the schedule of approved Operators prepared by the Chief of Police to be called by the Police Department for vehicle assistance.

Vehicle Access Charge—the allowable fee an Operator may charge for access to a vehicle outside of Regular Business Hours or when the owner and/or insurance representative must be accompanied to a vehicle in the secured storage facility in order to inspect, remove personal belongings, adjust and/or take photographs or removal of vehicle from storage facility for pick-up.

Winching—the process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hook up for towing a motor vehicle. Winching also includes recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.

Sec. 48-2: Purpose and Administration.

The purpose and intent of this chapter is to provide criteria, qualifications, standards and uniform operating procedures that are reasonable, non-exclusionary and non-discriminatory in the selection and use of approved towing operators, on a rotational basis, in providing towing, road services and the storage of vehicles, including, but not limited to, the towing of vehicles that are abandoned, disabled, illegally parked or stolen, vehicles involved in accidents and/or those vehicles suspected or identified by the Township as being involved in criminal activity.

(a) The Township Manager and the Chief of Police are hereby designated to administer and enforce all provisions of this chapter.

Sec. 48-3: Application Procedure and Criteria for the Operators Rotational List.

(a) It shall be the responsibility of the Township Manager or his designee, with the advice of the Chief of Police, to approve all applications for Operators, to be utilized on a rotational basis for the purpose of providing emergency vehicle towing and storage services to the owners of motor vehicles utilizing Township roads when it is determined that the following qualifications have been met by the applicant. All applications shall be submitted on forms provided by the Township to the Township Manager or his/her designee as follows:

(1) A Certificate of Insurance in accordance with the requirements set forth in Section 48-8 below.

(2) A Disclosure of Investment Activities in Iran form to be provided by the Township.

(3) Affirmative Action evidence as required by N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

(4) A valid Business Registration Certificate issued to them by the State of New Jersey pursuant to N.J.S.A. 52:32-44.

(5) The names and contact information for at least four (4) business references; a complete list of all municipalities past and present where the applicant has provided emergency towing and vehicle storage services on an approved municipal towing operators rotational list and a complete history of any suspensions and/or removals from any municipal towing operators rotational list. Failure to disclose suspensions, removals or notices of violations of other municipal towing operators rotational lists may be a reason of denial of the application, unless waived by the Township Manager upon application and for good cause.

(6) The names, addresses and driver’s license numbers of all proposed drivers, officers and employees who will be rendering services known at the time of the application; copies of current MVC driver’s history abstracts for the last five (5) years and a criminal history fingerprint background check from a State-approved vendor for all officers and employees of the applicant. Neither the MVC abstracts nor the criminal name check can be older than 30 days from the date of the application. The applicant is responsible for all fees associated with obtaining the MVC driver’s history abstract and criminal history fingerprint background checks from a State-approved vendor. The MVC driver’s history abstracts must be transmitted directly from the MVC to the Police Department, with a copy to the applicant and the criminal history fingerprint background checks must be transmitted directly from the State approved vendor to the Police Department, with a copy to the applicant.

(a) The Police Department shall review all applications, MVC driver’s history abstracts and criminal history fingerprint background checks and applicant qualifications as set forth herein and shall provide recommendations to the Township Manager. Any conviction of an officer or employee of an applicant of a felony, disorderly persons’ offense, petty disorderly persons’ offense shall be a reason of denial of an application unless waived by the Township Manager upon appeal by the applicant and for good cause. A reason of denial of an application may also include, but is not limited to, the frequent, extensive and/or serious violations contained in the MVC driver’s history abstracts.

(b) Applicants, if approved, shall be required to submit to the Police Department updated lists of employees within a reasonable period not to exceed thirty (30) calendar days of a new hire together with the MVC driver’s history abstract for the last five (5) years and a criminal history fingerprint background check in accordance with the procedures set forth in this section. The Police Department may request updated MVC driver’s history abstracts and/or criminal history fingerprint background check updates every two (2) years from the date the applicant is approved for the Operators Rotational List.

(7) A detailed listing of all equipment to be used while performing services under this chapter. The listing shall include the type of vehicle, the storage location of vehicles and whether the vehicle is owned or leased.

(8) A list of the lifting capacities of the devices for types of vehicles.

(9) The size, location and security features of a Secured Storage Facility for all vehicles towed by the operator as set forth in Section 48-7.

(b) The Township reserves the right to disqualify from consideration for a period of up to twenty four (24) months any application by an Operator that was previously removed from the Operators Rotational list for violations of this ordinance.

Sec. 48-4: Operators Rotational List and Supervision.

(a) Following the approval of applications by the Township Manager, it shall be the Chief of Police’s responsibility to establish a Towing Operators Rotational List. The Police Department shall call the operator in sequential order as set forth by the Chief so that each Operator will be given the opportunity to respond to individual calls as received by the Township. The Police Department shall have the right to call the next Operator on the list should an operator fail to respond to a call within twenty (20) minutes during the day and thirty (30) minutes at night as defined in Section 48-5(c)(8) below or if the first operator called cannot be reached by telephone or advises that he is unable to respond. The final decision on the Operator called shall be within the discretion of the Shift Commander based on individual emergent need such as vehicle location, traffic, volume of police calls for assistance and proximity of the operator to the vehicle location.

(b) The Chief shall maintain due vigilance over all Operators to make certain that the tow trucks and other related vehicles and equipment are maintained in a safe working condition for transporting and hauling disabled vehicles. The Chief or his duly designated representative shall have the right, at all times, to inspect all towing vehicles and related equipment which perform services pursuant to this chapter.

Sec. 48-5: Operator Performance Standards.

(a) Non-transferable. Operators shall not assign, transfer, convey, sublet or otherwise dispose of the contract or any part thereof to anyone other than another tower on the Township’s rotational list, without the prior written consent of the Township.

(b) Compliance with Applicable Laws. Operators shall comply with all New Jersey State and Federal Laws and Regulations as they pertain to the performance under this Chapter.

(1) Operators shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities.

(c) Performance and Drivers. Each Operator must be able to demonstrate to the satisfaction of the Township that the Operator is thoroughly qualified and experienced in the towing and removal of vehicles of all types, and that it has the facilities, equipment, expertise, licensing, qualified personnel, qualified drivers and storage areas to perform the services required by this chapter in a manner satisfactory to the Township.

(1) All Operators shall employ a sufficient number of employees to comply with the Township’s minimum operational requirements and standards.

(2) No person shall be employed by an Operator for work for the Township under this chapter unless approved by the Chief of Police subsequent to a MVC driver history abstract and criminal history fingerprint background check from a State-approved vendor. Operators must report to the Police Department any change in the MVC drivers history abstract or criminal history status of any officer or employee within five (5) calendar days from the date that the Operator becomes aware of the change in the status of the officer or employee.

(3) All drivers of all Operators shall be over the age of eighteen (18) years and must have a valid, current driver’s license and CDL where required.

(4) All employees of the Operator shall wear uniform clothing with a clear designation (patch or stitching) indicating the employee’s first name and a clear designation of the name of the Operator’s company.

(5) The service, equipment, and personnel of all Operators will be subject to periodic inspections and approval by the Township at any time.

(6) The Operator on call pursuant to the Operators Rotational List shall be responsible for towing of vehicles on a twenty-four (24) hour basis, seven (7) days a week.

(7) The Operator shall respond promptly to all requests for towing service by the Township. The Operator shall respond and be present at the towing location within twenty (20) minutes of receipt of notice of towing, between the hours of 8:00 A.M. and 4:30 P.M., and within thirty (30) minutes between 4:31 P.M. and 7:59 A.M. unless heavy or unusual traffic conditions within or outside the Township prevent the Operator from arriving within the above time periods. In that event, the Operator shall arrive in a reasonable time given allowance for said traffic conditions. Failure to arrive promptly as provided herein may subject the operator to suspension or removal from the List pursuant to Section 48-10.

(8) As part of the Basic Towing Service, the Operator shall remove and tow to the storage facility all vehicles described by the Township of Randolph Police Department which include, but are not limited to abandoned, illegally parked, disabled, involved in accidents, suspected of involvement in criminal activity, or otherwise confiscated. The decision on when a vehicle is abandoned, illegally parked, disabled, involved in an accident or suspected of involvement in criminal activity shall be made by the Township of Randolph Police Department and the Operator shall have no responsibility for the decision.

(d) Records of Inspections and Billing Records. All Operators shall record all vehicles towed on billing forms as soon as possible after each vehicle is towed. All personal property shall remain in the vehicle. Records of inspections and billing records and invoices may be subject to review by the Police Department at any time upon request.

(e) Rights of Owners. The owner of any vehicle towed shall have the right to remove property belonging to him from the stored vehicle unless a “POLICE HOLD” is marked on the towing form and/or vehicle.

(1) A vehicle owner or his representative shall have the right to take photographs of stored vehicles for insurance purposes.

(2) All Complaints of any kind, relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment, and the like, shall be referred to the Chief of Police for investigation.

(3) The Township’s on-call Operator must be used for towing services unless, at the discretion of the Police Officer on scene, the vehicle(s) to be towed are not blocking the roadway or otherwise causing a public hazard. In which case, a vehicle owner may summon a towing operator other than the on-call Operator to tow, store, or otherwise provide services to the vehicle owner. Said service will be provided at no cost whatsoever to the Township. The servicing tower is not subject to the rates specified by virtue of this chapter. In the interest of public safety, customer requests for a specific towing vendor shall not be honored at crash and recovery scenes or when a vehicle is blocking the roadway or causing a public hazard.

(f) Emergency Services. In addition to the service herein outlined, all Operators are required to be on-call and available to provide services to the Township during storm events, periods of snow emergencies, traffic emergencies, disasters, and any acts of God, and for any other reason when so designated by the Township Manager, and/or the Chief of Police or their duly authorized representatives.

(1) Emergency service will begin when the Chief of Police or his authorized designee notifies the Operators that all Operators must be on call due to an emergency and shall end when he terminates the emergency status by calling the Operators.

(2) The Operator may, during the emergency, designate temporary areas owned or leased by him or subcontractors with the approval of the Chief of Police or his representative, for the storage of disabled vehicles to said area. During said emergencies, the Operator shall be entitled to charge the rates included in this chapter to the owners of the vehicles so removed.

(g) Dealing with the Public. In all dealings with the public in connection with the contract, the Operator is expected to act in a professional manner and at all times to be courteous and respectful toward members of the public as well as representatives of the Township of Randolph. While members of the public, especially those whose cars may have been towed or impounded, may at times resort to strong language, threats, and unbecoming behavior toward the Operator, the Operator is expected to exercise restraint and not to respond in kind. Repeated reports to the Township of Randolph Police Department of discourteous behavior by the Operator, which can be substantiated and documented, may be considered by the Township as sufficient cause for suspension or removal from the Operators Rotational List pursuant to section 48-10 below.

Sec. 48-6: Equipment Regulations.

(a) All leased and rented equipment must be permanently located at the Operator’s Secured Storage Facility as defined in Section 48-7 at all times.

(b) Each piece of equipment must meet the minimum standards set forth herein. Equipment that cannot meet these minimum standards shall not be used to perform services under this chapter.

(c) The Operator is solely responsible for the safety, maintenance and operation of each piece of equipment used to perform services under this chapter.

(d) All Operators shall provide a minimum of four (4) vehicles to comply with the terms of this chapter, at least one of which must be an hydraulic truck and at least two must be flatbed trucks. (e) All tow vehicles shall be equipped with the following, at a minimum:

(1) Two-way radios or cell phones.

(2) Chains to secure vehicles to the flatbed.

(3) Equipment necessary to tow motorcycles.

(4) Wheel lifts with safety straps to prevent damage to the towed vehicles.

(5) Steering locks for towing vehicles from the rear.

(6) Absorbent materials utilized to absorb liquid spills which, if left on the roadways, could create hazardous conditions.

(7) Broom and shovel.

(8) Snatch blocks.

(9) Lock out tools.

(10) Equipment to jump start a vehicle.

Sec. 48-7: Secured Storage Facilities.

(a) Each Operator shall maintain a manned and secured storage facility as defined herein within five (5) miles of the Township of Randolph.

(b) Towed vehicles may not be stored upon a public street or alley; they must be stored by the operator within the secured storage facility.

(c) The Operator shall be responsible for each vehicle in its storage area until final disposition and removal as ordered by the Township. All vehicles, regardless of condition, must be stored singly and so arranged to permit inspection and subsequent removal when the vehicle is retrieved, sold or otherwise removed. Adequate walkway inspection space must be provided at all times.

(d) The Operator must provide a Secured Storage Facility that is inside a locked building or outside in a completely enclosed area with a fence of a minimum of six (6) feet in height with at least one entrance and exit gate and is completely illuminated to safeguard motor vehicles. The Secured Storage Facility must be manned by the Operator’s employees during regular business hours.

Sec. 48-8: Insurance and Indemnification.

(a) Submission of Certificate of Insurance. All Operators shall submit a Certificate of Insurance to the Township Manager which certificate shall name the Township as “an additional insured.” The Certificate shall provide evidence that the Operator carries the following insurance coverages:

(1) Automobile Liability. Combined single limit coverage in the minimum amount of one million dollars ($1,000,000.00).

(2) Garage Liability. A minimum of one million dollars ($01,000,000.00) for each occurrence.

(3) Garage Keepers Liability. A minimum of forty-five thousand dollars ($45,000.00) for each occurrence.

(4) Collision Insurance for vehicles in tow.

(5) Workers’ Compensation Insurance for all employees.

(b) The Operators agree that to the fullest extent permitted by law, they shall defend, indemnify and hold harmless the Township from and against any and all claims, suits, judgments and demands whatsoever, including, without limitation, cost, litigation expenses, counsel fees and liabilities with respect to injury to or death of any person or persons whatsoever, or damage to property of any kind by whomever owned, arising out of or caused or claimed to have been caused in whole or in part by the negligent acts or omissions of the Operators or any other person directly or indirectly employed by the Operators while in the performance of rendering any services pursuant to the scope of this section.

Sec. 48-9: Towing and Storage Fees.

(a) The following fees to be paid by the motor vehicle owner directly to the Operator represent the maximum fees permitted under this chapter. It shall be unlawful for any Operator to charge a fee in excess of the fees prescribed in this section for the services regulated therein. For all fees that are hourly rates there is a one hour minimum and beyond the first one hour, the fee will be assessed in 30 minute increments. Reports to the Township of overbilling or improper billing by the Operator which can be substantiated and documented, may be considered by the Township as sufficient cause for suspension or removal from the Operators Rotational List pursuant to Section 48-10 below.

(b) Additional Labor (as needed) per person. Ninety-five dollars ($95.00) per hour

(c) Administrative Fee. Thirty-five dollars ($35.00) flat fee

(d) After Hours Vehicle Release Fee. Forty-five dollars ($45.00) flat fee

(e) Basic Towing Service by a Light Duty Wrecker. One hundred thirty-five dollars ($135.00) flat fee

(f) Basic Towing Service by a Medium Duty Wrecker. Two hundred fifty dollars ($250.00) flat fee

(g) Basic Towing Service by a Heavy Duty Wrecker. Four hundred fifty dollars ($450.00) flat fee

(h) Debris Clean-up (standard). Seventy-five dollars ($75.00) flat fee

(i) Debris Clean-up (extended). Ninety-five dollars ($95.00) per hour. In the event of multi-vehicle accidents, the total charge shall be apportioned among all vehicles involved.

(j) Light Duty Road Service Charge. Eighty-five dollars ($85.00) per hour

(k) Storage Rate. Thirty-five dollars ($35.00) per day for passenger vehicles

(l) Vehicle Access Charge. Fifty dollars ($50.00) flat fee for access to a vehicle located in the Operator’s Secured Storage Facility which does not occur during Regular Business Hours or when the vehicle owner and/or insurance representative must be accompanied to the vehicle to inspect, remove personal belongings, adjust and/or take photographs or removal of vehicles from the Secured Storage Facility for pick-up.

(m) Winching Charge by a Light Duty Wrecker. One hundred seventy-five dollars ($175.00) per hour

(n) Winching Charge by a Medium Duty Wrecker. Two hundred seventy-five dollars ($275.00) per hour

(o) Winching Charge by a Heavy Duty Wrecker. Five hundred dollars ($500.00) per hour

(p) The rates applied to towing services performed under this chapter shall be posted in a conspicuous place, visible to the public at the Operator’s Secured Storage Facility and principal place of business.

(q) All fees are subject to N.J. State laws, including but not limited to, N.J.S.A. 39:10A-1(c), which provides that when a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, the person storing the vehicle shall charge the owner of record or the security interest holder no more than $100.00 for the first 72 hours after the vehicle is placed on the premises.

(r) Consent tows and the use of specialized equipment to perform a recovery service are permissible and are outside the terms of this chapter.

(s) In no instance shall the Operator request payment from the Township for any services rendered to the owners of private vehicles except, however, in those cases where the Police Department authorizes the removal of a Township owned vehicle.

(t) Towing of any and all disabled Municipal vehicles shall be covered under the pricing listed in this chapter.

(u) The Operator shall prepare a bill for towing charges for each vehicle towed, consistent with the rate schedule of towing services in this chapter. Prior to the release of any vehicle by the Operator from the storage facility, the operator shall obtain payment for its towing fee and storage as indicated on said bill.

(v) The Township reserves the right to audit and review all invoices and billing records of all Operators at any time.

Sec. 48-10: Suspension or Removal from the Operators Rotational List for Non-Compliance.

(a) The Chief of Police shall have the power to suspend an Operator from the Operators Rotational List for a period of thirty (30) calendar days for failure to comply with any provision of this chapter for the first offense. A second violation may result in the removal of an Operator from the Towing Operators Rotational List for a period up to twelve (12) months. Third and subsequent violations shall result in a permanent removal from the Operators Rotational List. An Operator may appeal the Chief’s ruling of either a suspension or a permanent removal. In such cases, an appeal may be filed with the Township Manager within ten (10) business days of the Chief’s decision. The Township Manager shall render his determination within twenty (20) business days. The Township Manager’s determination as rendered shall be final and conclusive under this chapter.

(b) In addition, failure to comply with the Township’s Zoning, Land Use and Property Maintenance codes may subject any Operator to suspension from the Towing Operators Rotational List upon request to the Chief of Police from the Township’s Construction Code Official or Zoning Officer or Health Officer. Any Operator suspended from the Towing Operators Rotational List for any violation of the Township’s Zoning, Land Use and Property Maintenance codes shall have the right to due process and appeal as set forth in paragraph (a) above.

Sec. 48-11: Release of Impounded Vehicles.

(a) No impounded vehicle shall be released without proper authorization from the Randolph Township Police Department. Vehicles may be released by Operators between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. After hours vehicle releases are at the discretion of the Operator and are subject to the After Hours Vehicle Release Fee.

Sec. 48-12 Sale of Abandoned or Unclaimed Vehicles.

(a) Vehicles designated and determined to be abandoned by the Township of Randolph Police Department shall be removed to the Operator’s storage area. The last known registered owner shall be notified in writing by the Township of Randolph Police Department within fifteen (15) days of vehicle being towed that the vehicle is in violation of the law and must satisfy all State and local laws pertaining to the registration and insurance requirements. If the owner does not comply or respond to this notification, the police department will initiate the proper title to take control of the vehicle within ninety (90) days of having the vehicle towed to the Secured Storage Facility of the Operator. The Township of Randolph Police Department will make application for a certificate of ownership or junk title through the NJ Motor Vehicle Commission.

(b) Whenever any motor vehicle that was towed by an Operator pursuant to this Chapter 48 shall remain unclaimed for the minimum holding period set forth in N.J.S.A. 39:10A-1b, such vehicle may be subject to sale at public auction as provided in N.J.S.A. 39:10A-1 et seq.

(c) The Township Council shall, by resolution, provide for the sale of abandoned or unclaimed vehicles at public auction, after notice as required by N.J.S.A. 39:10A-1 et seq.

(d) The following procedure shall be followed in regards to the auction of abandoned or unclaimed vehicles:

(1) The estimated value (“EV”) of the vehicle shall be determined as well as the outstanding towing and storage charges to the date of the anticipated auction.

(2) If the “EV” of the vehicle exceeds $400.00 and is equal to or more than the aggregated towing and storage charges to the date of the auction, the vehicle should be sold at public auction with a minimum bid equal to the amount of the outstanding towing and storage charges. If at auction, the amount bid is equal to the minimum bid, all of the funds are paid to the Operator towing and storing the vehicle from the monies given to the Township from the sale. If the bid exceeds the minimum, any excess is retained by the Township.

(3) If the “EV” of the vehicle exceeds $400.00 but is less than the outstanding towing and storage charges due, the Township should auction the vehicle with a minimum bid equal to the “EV” of the vehicle and pay the entire amount over to the Operator who towed and stored the vehicle up to the amount of accrued towing and storage charges, retaining any amount over the outstanding charges.

(4) If the “EV” of the vehicle is less than $400.00, then the municipality should auction the vehicle without a minimum price and pay over to the Operator towing and storing the vehicle whatever it receives, provided that it is less than the aggregate amount outstanding.

(5) If no bid is received in any of the above scenarios, then the Township can pay the Operator towing and storing the vehicle the $400.00 (from its own coffers) and take title to the vehicle or pay nothing to the Operator towing and storing the vehicle and instead convey the junk title to that person.

(6) Any conveyance of title (or application for title) to the Operator towing and storing the vehicle should be accompanied by a release signed by them, releasing the Township from any liability for the payment of any further fees to the person towing and storing the vehicle.

(7) If title becomes “vested” in the Township, it retains the vehicle or disposes of it in the normal course, following the sale provisions of the Local Public Contracts Law.

(8) A public sale needs to take place in all cases in order to establish title in a third party (successful bidder) or to establish title in the Township (when no one bids, or the minimum bid is not achieved).

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Christine Carey, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 14-17

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Supplementing and Amending The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey Chapter 48, Towing Services” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 15, 2017 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 29, 2017 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to supplement and amend the Revised Ordinances of the Township of Randolph, Morris County, New Jersey Chapter 48, Towing Services. Specifically, the amendment clarifies the terms, qualifications and conditions for the rotational list of towers for the Township and the standards that Operators must maintain in order to meet the qualifications to be placed on the Operators Rotational List. The amendment further delineates the standards for suspension or removal of an Operator from the Operators Rotational List.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey