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Hamilton council advances towing-ordinance rewrite after extended public comment

February 07, 2024 | Hamilton, Mercer County, New Jersey


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Hamilton council advances towing-ordinance rewrite after extended public comment
Council members voted Feb. 6 to move forward an amendment to Hamilton’s towing and vehicle‑recovery ordinance after nearly an hour of public comment focused on definitions, background checks and cleanup responsibilities.

Justin McCooch, owner of Hamilton Auto Clinic, said he sought clarity on several technical provisions in the draft: which agency the township expects to perform Interstate Identification Index background checks, whether the township requires HireRight specifically, how driver abstracts will be handled and whether the township issues official tow‑identification cards. “As far as the background checks go, who would you guys want to do these background checks?” McCooch asked during public comment. Town staff responded that the draft removes bracketed language and instead relies on the police chief to determine the preferred form of background check and that applicants must meet New Jersey State Police guidelines for light‑, medium‑ and heavy‑duty service and recovery records.

Charles Mason, who also introduced himself as Chuck Sterling, pressed the council on minimum‑vehicle requirements and historical cleanup responsibilities, saying earlier drafts once assigned towers responsibility for cleaning the public right of way after accidents. “We’re finding more and more vehicles ending up on people’s front lawns,” Mason said, requesting clarification on where the line between public right‑of‑way cleanup and private property begins. Staff acknowledged the issue and said the revision aims to align local language with state requirements, but agreed to consider clearer local language about cleanup scope.

Other public participants asked whether the township would accept New Jersey State Police background checks already performed by tower companies and recommended clearer separation of licensing classes for light, medium and heavy duty services. Council members and staff repeatedly explained that the ordinance’s definitions section contains the technical language on winching and repositioning and that the brackets in the draft show deleted text with the replacement language referencing state guidelines.

After the public‑comment exchange, a council member moved and the council voted 5‑0 to close public comment and advance Ordinance 3‑24‑003 on second reading. The council did not adopt final ordinance text at the meeting; the motion moved the amendment to the next procedural step for additional consideration or a final vote.

What’s next: The ordinance was advanced for further consideration; proponents and operators requested clearer language on two practical points — which background checks will be accepted and whether local rules can explicitly address cleanup on private property — items staff said they would take under advisement.

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