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ORDINANCE 2016-07 Towing Fees

ADOPTED: April 19, 2016

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING SECTION 37- 3 OF THE CODE OF THE BOROUGH OF POINT PLEASANT BEACH ENTITLED “TOWING SERVICES AND THE STORAGE OF MOTOR VEHICLES”
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WHEREAS, the Governing Body of Point Pleasant Beach (hereafter “Borough”) regulates towing services in the Borough pursuant to N.J.S.A. 40:48-2.49; and
WHEREAS, the Borough’s ordinance regulating towing services and the storage of motor vehicles are in need of updating; and
WHEREAS, the Borough authorized an Ordinance updating the Borough’s regulations of towing services and the storage of motor vehicles by Resolution passed at its meeting on February 2, 2016.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I.
Chapter III, Section 3-37.2(h) shall be amended by deletion of the last sentence in the first paragraph and adding the following as the last sentence in the first paragraph:

A flat bed shall meet the following minimum requirements:

SECTION II.
Chapter III, Section 3-37.4(b)(10) shall be amended by deleting this subsection and replacing it with the following:
10. In addition to meeting all other criteria of this section and in order to be eligible for placement upon the rotating list of authorized municipal towing contractors, the contractor shall supply a certificate of insurance liability by a company licensed to do business in the State of New Jersey, certifying that the contractor maintains insurance of not less than one million ($1,000,000.00) dollars for each occurrence and a five million ($5,000,000) aggregate of insurance covering all perils associated with the following:
1. Auto and Garage
2. On Hook Coverage
3. Cargo insurance
4. Garage Keepers Liability (not less than one hundred thousand ($100,000.00) dollars per vehicle)
5. Workman's Compensation (minimum legal requirements).

All insurance, including garage liability, garage keepers’ and legal liability coverage shall name the Borough of Point Pleasant Beach, its officers, agents, and employees as additional insureds on the policy, shall hold them harmless and indemnify them from any and all claims filed against the borough arising out of any act or failure to act on behalf of the contractor and shall contain an endorsement providing for 15 days’ notice to the Borough in the event of any material changes of the policy or cancellation thereof.
SECTION III.
Chapter III, Section 3-37.6(e)(4) shall be amended by deleting this subsection and replacing it with the following:
4. Each licensee shall maintain the following hours for release of vehicles from storage - Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 12:00 p.m. Each licensee may close during any and all New Jersey State Holidays. The licensee, or his designee, authorized to act on his/her behalf, must be available during normal business hours to handle complaints and business transactions.
SECTION IV.
Chapter III, Section 3-37.7(a) shall be amended by deleting this subsection and replacing it with the following:
a. In setting its rates and charges the undersigned shall adhere to the statutes, laws, rules and regulations of the United States of America, the State of New Jersey, the County of Ocean, and the Borough of Point Pleasant Beach, and, in no event will charge for any services other than those listed below. In addition the undersigned shall not charge an amount for services greater than set forth in the following fee schedule:
Towing:
Local Tow $125.00
Motorcycle/Scooter/Moped $155.00
With Dolly $75.00
With Winch per hookup additional $55.00

Service Call (Between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday)
$ 50.00

Service Call (Any other time of
the day or night.) $ 60.00
Lock Outs (at all times) (up to) $ 65.00
Yard Access Fee (For Insurance Co. Only) $ 40.00
Vehicle Storage Rate (per day):
Outside Storage Impounds/Wrecks $40.00
Inside Storage Impounds/Wrecks 45.00 (Only if requested by owner or Police Department.)
Administrative Fee $30.00
Cleanup $25.00
Hazmat (Speedy Dry) Cleanup $25.00

Crash Wrap
Side Windows
Windshield or Rear Window
$25.00
$ 40.00

SECTION V.
Chapter III, Section 3-37.7(b) shall be deleted.

Chapter III, Section 3-37.7(f) shall be amended by deleting this subsection and replacing it with the following:

f. Individuals wishing to release impounded vehicles prior to 8:00 a.m. and after 5:00 p.m. Monday through Friday and outside the licensee’s working hours on weekends shall be required to pay an additional sixty ($60.00) dollars service call fee.

SECTION VI.
Chapter III, Section 3-37.9 shall be amended by adding a new subsection, subsection (e) as follows:
e. The Licensee shall not violate any of the laws or regulations of the United States of America, the State of New Jersey, the County of Ocean, or the Borough of Point Pleasant Beach.



SECTION VII.
Chapter III, Section 3-37.10 shall be amended by deleting this subsection and replacing it with the following:
d. The chief of police is authorized and empowered to provide to Council additional rules and regulations as may be necessary and reasonable to govern the operation of towing services and storage facilities. Such rules and regulations shall become effective, pursuant to N.J.S.A. 40:48-2.49, when adopted by the Governing Body by ordinance.

SECTION VIII. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IX. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION X. This Ordinance shall take effect immediately upon its final passage and publication as required by law.


NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 5th day of April, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 19th day of April, 2016, at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published April06, 2016 | New Ordinances | 2303


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