[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park by Ord. No. 943 (§ 4-9 of the 1987 Code).
Amendments noted where applicable.]
This chapter shall be known and may be called
the "Borough of Highland Park Wrecker Ordinance."
[Amended by Ord. No. 1369]
As used in this chapter, the following terms
shall have the meaning indicated:
A private passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver; and a motor vehicle with a pickup body, or delivery sedan,
a van, or a panel truck or a camper type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this chapter, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
The removal and transportation of an automobile 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,
but does not include recovery of any 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.
The Borough of Highland Park.
The driving of a wrecker along any Borough street for the
purpose of soliciting business in the Borough.
And include all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks, or motorized
bicycles.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
Owned, rented or leased.
One who owns, rents or leases.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their owner power from one place to another for which a charge
or fee is extracted.
A vehicle used for the purpose of towing, transporting or
otherwise removing any and all kinds of vehicles which are disabled.
[Amended by Ord. No. 1147; Ord. No. 1213]
All licenses issued under this chapter shall
be issued to expire and shall expire on the last day of February,
or the expiration date of insurance, unless sooner suspended or revoked
by the Borough Council as hereinafter provided.
The fee for a license for a wrecker shall be
$200 per year and the fee for any such license issued on or after
September 1 of any year shall be $100. All fees shall be payable to
the Borough Clerk.
[Amended by Ord. No. 1036; Ord. No. 1467]
Applications for licenses issued hereunder shall
be made upon blank forms prepared and made available by the Chief
of Police and shall state under oath:
A.
The name, home address and proposed or actual business
address of the applicant, and whether he is owner, lessee or bailee.
B.
Description of wrecker for which the license is desired,
including year, make, model, type, serial number of body, motor capacity
and gross vehicle weight.
C.
Length of time for which the wrecker has been in use
as a wrecker.
D.
That the applicant has available space within the
Borough for properly accommodating and protecting the disabled vehicles
to be towed or otherwise removed from the place where they are disabled
or located, and that the disabled or other vehicles will not be stored
or allowed to remain on public property or Borough streets or on property
which is not zoned for such storage.
E.
That the applicant owns the necessary equipment to
tow or otherwise remove automobiles, vans and small trucks.
F.
A certification that response times to police requests
for light-duty towing services shall in no event exceed 20 minutes
from the time of the police dispatcher's call to the time of arrival
at the scene.
[Amended 6-1-2010 by Ord. No. 10-1785]
G.
Such other
information which the Chief of Police shall deem necessary or proper
to effectuate the purpose of this chapter and to determine whether
there has been compliance with the terms thereof.
[Added 6-1-2010 by Ord. No. 10-1785]
[Added by Ord. No. 1467]
Application for licenses issued hereunder shall
be made upon blank forms prepared and made available by the Chief
of Police and shall state under oath:
A.
The name, home address and proposed or actual business
address of the applicant, and whether he is owner, lessee or bailee.
B.
Description of wrecker for which license is desired,
including year, make, model, type, serial number of body, motor capacity
and gross vehicle weight.
C.
Length of time for which the wrecker has been in use
as a wrecker.
D.
That the applicant owns the necessary equipment to
tow or otherwise remove buses, large trucks and utility equipment,
and has the availability of storage in the Borough of Highland Park
if so directed by the Chief of Police.
E.
That the applicant owns the necessary equipment to
tow or otherwise remove automobiles, vans and small trucks during
emergencies only, when called upon to do so by the Chief of Police.
In such cases, the provision cited in other sections of this chapter
requiring local storage facilities may be waived by the Chief of Police.
F.
A certification that response times to police requests
for heavy-duty towing services shall in no event exceed 45 minutes
from the time of the police dispatcher's call to the time of arrival
at the scene.
[Amended 6-1-2010 by Ord. No. 10-1785]
G.
Such other
information which the Chief of Police shall deem necessary or proper
to effectuate the purpose of this chapter and to determine whether
there has been compliance with the terms thereof.
[Added 6-1-2010 by Ord. No. 10-1785]
Within seven days after receipt of an application
as herein provided, the Chief of Police shall cause an investigation
to be made of the applicant and of his proposed business operation
to be licensed. The Chief of Police, within the limits of funds appropriated
for that purpose, may delegate the inspection of the wrecker to an
independent person, who may or may not be engaged in business in the
Borough, who shall be qualified by experience and training to make
such inspection and who shall report to the Chief of Police whether
the wrecker is in a thoroughly safe and sanitary condition. Within
14 days after completion of the inspection and investigation, the
Chief of Police shall present the application to the Borough Council
for approval or rejection.
The Chief of Police shall report to the Borough
Council that the following standards have been met:
A.
The public convenience and necessity will be served
by the use of the wrecker for which application has been made.
B.
The wrecker to be licensed is in a thoroughly safe
and sanitary condition.
C.
The requirement of this chapter and all other governing
laws, statutes and ordinances have been met.
D.
The wrecker has been properly licensed and inspected
by the State of New Jersey and has the necessary stickers affixed.
No wrecker shall be licensed as a wrecker which is using dealer license
plates.
E.
The insurance policies or certificates as required
herein have been procured and supplied.
Upon approval of the application by the Borough
Council, upon receipt of payment from the applicant of the proper
license fee for each wrecker license; and upon receipt of insurance
policies approved by the Borough Attorney, the Borough Clerk shall
issue a license dated in accordance with the expiration date stated
herein.
The Chief of Police shall issue to the person
owning a licensed wrecker a card not less than four inches in width
and not more than six inches in length in such form as may be set
by the Chief which shall be at all times prominently displayed on
the right front windshield of each wrecker, and which shall bear the
name and business address of the owner, official license number of
the wrecker, the rate of fares and conditions of employment under
which such wrecker is operating and a notice that in case of any complaint,
the Chief of Police be notified. Such card shall have attached thereto
the signature of the Chief of Police and the date of inspection of
the wrecker, together with blank spaces upon which any entry shall
be made of the date of every inspection of the wrecker by the inspector.
No wrecker shall be licensed hereunder nor shall
any licensed wreckers be operated within the Borough unless there
shall be deposited with the Borough Clerk the following insurance
policies or certificates of insurance:
A.
Auto garage keepers' policy. Auto garage keepers'
legal liability policy, covering fire, theft and explosion and collision
in the minimum amount of $50,000 and collision coverage subject to
$100 deductible with each accident deemed a separate claim.
B.
Auto garage legal liability policy. Auto garage legal
liability policy covering the operation of the licensee's equipment
or wrecker and bodily injury and property damage. This policy will
be in the amount of $250,000 per person and $500,000 per accident
for bodily injury or $500,000 combined single limit, and in the amount
of $100,000 for property damage. Each policy herein must contain an
endorsement providing 10 days' notice to the Borough in the event
of any material change therein or intention to cancel the policy for
any cause. In the event that any policy is changed so as to fail to
conform with any of the above requirements, or if any policy of insurance
is to be cancelled for any reason, the Chief of Police shall notify
the person responsible for the policy and it shall be corrected or
reinstated or replaced with a conforming policy within 10 days after
the notice is received by the Borough, but before the date of cancellation.
If the policy or certificate is not corrected, reinstated or replaced
prior to the date of cancellation, the Chief of Police shall immediately
suspend the wrecker license and shall pick up from the owner all proof
of licensing, including any stickers, cards or other means of identification.
C.
The Borough of Highland Park shall be named an additional
insured on all policies and certificates at the expense of the applicant
or licensee. Copies of same must be filed with the Borough Clerk.
[Amended by Ord. No. 1147; Ord. No. 1213; Ord. No. 1369; Ord. No. 1493]
A.
No person shall be liable to any tow operator who
tows or stores an automobile for any fees in excess of the following:
[Amended 11-1-2016 by Ord. No. 16-1917; 2-18-2020 by Ord. No. 20-1997; 7-5-2022 by Ord. No. 22-2054]
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Basic Towing Service Fees
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|---|---|---|---|---|
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Maximum Fee
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Days:
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1 mile or less
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$115
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Each additional mile
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$3.50
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Nights, weekends and New Jersey state holidays:
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1 mile or less
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$125
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Each additional mile
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$4
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Vehicles over 12,500 pounds, straight truck
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$120 plus $5 per mile
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Vehicles in excess of 12,500 pounds, tractor trailer
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$325 plus $7 per mile
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Storage Fees
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Inside building
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$50 per day
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Outside secured storage
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$35 per day
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Accident Fees
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Clean up depending on severity
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$50 plus cost of material(s)
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Labor
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$75 per hour/per man/half hour rate applied
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Administrative fees/yard fees
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$35
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Waiting times
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$25 per 15 minutes
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Road service calls (tire repair/lockouts, etc.)
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$75
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Other Fees
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Decoupling (days)
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$110
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Decoupling and movement (days)
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$115
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Decoupling (nights)
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$120
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Decoupling and movement (nights)
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$125
| |||
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Decoupling straight truck vehicles over 12,500 GVW (day or night)
|
$120*
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|
Decoupling tractor-trailer vehicles over 12,500 GVW (day or
night)
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$325*
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*Note: There shall be no decoupling and movement of trucks over
12,500 GVW.
|
(1)
All tow operators or storage facilities shall comply
with the requirements of N.J.S.A. 56:13-7 et seq. and any and all
regulations promulgated by the New Jersey Department of Law, Division
of Consumer Affairs. As required by N.J.S.A. 40:48-2.54.b all complaints
and disputes arising from the towing and storage of motor vehicles
without the consent of the owner shall be called to the attention
of the Chief of Police in writing to be investigated and resolved.
(2)
Applicability of rates.
(a)
When towing services are required at the scene
of an automobile accident, the day rate shall apply when the time
of the accident is between 8:00 a.m. and 4:30 p.m., Monday through
Friday, except New Jersey State holidays. The night, weekend and holiday
rate shall otherwise apply.
(b)
When towing services are otherwise required,
the day rate shall apply when the vehicle is transported (pickup to
delivery) entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday
through Friday, except New Jersey State holidays. The night, weekend
and holiday rate shall otherwise apply.
(3)
Storage fees are for each twenty-four-hour period
or fraction thereof. A new twenty-four-hour period begins at 12:01
a.m.
(4)
For the storage of motor vehicles at all times other
than those instances involving theft or accident the fee shall be
$20 per diem.
B.
No person shall be liable to any tow operator for
any other towing or storage services for any fees in excess of the
licensee's approved fee schedule. Current fee schedules shall be submitted
for approval of an annual basis at the time of application for license
renewal.
C.
When basic towing services are rendered, there shall be no additional charges other than those provided for in Subsection A above, including but not limited to flat-bedding, waiting time, winching, cleanup costs and additional labor.
D.
Towing rates shall be calculated based on the total
distance traveled from the tow vehicle's base of operations to the
job site and return, by way of the shortest available route. Fractions
shall be rounded to the nearest whole.
E.
Tow vehicles transporting multiple vehicles at one
time may charge the applicable fee for each vehicle transported.
F.
Prior to hookup or flatbedding of a motor vehicle,
the tow operator shall present a copy of its fee schedule to the owner
or operator of the vehicle. The fee schedule shall also contain the
name, address and telephone number of the tow operator and a statement
of the hours when the motor vehicle may be claimed.
No person shall drive a wrecker who is under
the age of 18 years and who has not in his possession a license duly
issued to him to operate a motor vehicle in the State of New Jersey.
A wrecker license hereunder shall be issued
subject to the following conditions:
A.
The licensee shall prominently display the license
issued by the Chief of Police on the right front windshield of the
wrecker.
B.
No licensee, employees or agents shall solicit or engage in "cruising," demand or receive from any persons, any pay, commission or emolument whatever, except the proper fee authorized for transporting the disabled vehicle in accordance with the schedule of service rates listed in § 407-12.
C.
Licensees shall keep and maintain towing equipment
which is adequate to perform such towing in a reasonably workmanlike
manner.
D.
Each licensee shall record in a book kept solely for
such purpose the details of each vehicle towed, serviced or transported
by him or his agents or employees, together with full information
concerning the details surrounding the hire, the name of the owner
of the towed vehicle and of the patron engaging him; which book shall
be open for inspection at all times to a duly authorized representative
of the Police Department of the Borough or a duly authorized representative
of the Borough Council.
E.
Stickers will be placed on cars that police impound
for any criminal action. No car will be released unless towing charge
is paid to wrecker operator. Release slip will be given to owner of
vehicle impounded by police.
F.
Licensees
shall respond to a police request for light-duty towing services within
20 minutes, or within 45 minutes for a request for heavy-duty towing
services, from the time of the police dispatcher's call to the time
of arrival at the scene.
[Added 6-1-2010 by Ord. No. 10-1785]
[Amended by Ord. No. 1036; Ord. No. 1369]
A.
To be eligible for inclusion on the rotating call
list, each wrecker must:
(1)
Be properly licensed and inspected by the State of
New Jersey.
(3)
If scheduled wrecker finds he will not be available,
he shall make arrangements with other wrecker service to cover for
him when the scheduled wrecker will not be available.
(4)
Be responsible for the removal of all debris from
the highway, including sweeping to remove all glass, upon completion
of investigation by the Police.
(5)
Not use as a wrecker any vehicle which is using dealer
license plates or which has failed the state inspection.
[Amended by Ord. No. 1036]
A.
Except as to the prohibition against cruising, the
provisions of this chapter are applicable to the engaging of wreckers
by the Borough Police Department either on its own initiative or at
the request of owners, drivers, or lessees of vehicles requiring the
service of wreckers.
B.
Nothing in this chapter shall prevent the owner, lessee, agent or driver of a vehicle which is disabled, from calling a wrecker of his/her choice to move his/her vehicle provided there is no obstruction of traffic or public right-of-way, or unless a police officer at the scene determines that the wrecker cannot arrive at the scene within the time limits specified in § 407-14F and the safety of persons or motorists may be jeopardized thereby. Charges for such service shall be such rate as is agreed upon between the owner, lessee, agent or driver and the wrecker selected.
[Amended 6-1-2010 by Ord.
No. 10-1785]
The Police Department shall have the power to
require wreckers to remove vehicles immediately where:
A.
There is obstruction of public right-of-way or private
property.
B.
A vehicle has been vandalized or presents a fire or
safety hazard or an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
An abandoned vehicle is not licensed or operable.
E.
A vehicle is reasonably believed to have been involved
in the commission of a public offense.
F.
A vehicle is violating any emergency or "no parking" provisions as set forth in Chapter 7, Traffic.
H.
Any other condition where permitted or required by
law.
Since the bailment of impounded vehicles is
solely for the benefit of the public at large, the Borough, its agents
or employees, shall assume no liability to owner of any such vehicles
or any other party, arising out of the removal, impoundment and disposition
of any vehicles pursuant to this chapter and otherwise in accordance
with law.
It is hereby determined under the lawful exercise
of the police power of the Borough that the public convenience and
necessity require that the number of wreckers to be licensed with
the Borough shall be limited to 15 because of the limited area of
the Borough.
[Amended 2-7-1989 by Ord. No. 1178]
[Added by Ord. No. 1369]
A.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be cause for revocation of a
tow operator's license.
B.
The Chief of Police is hereby designated to enforce
the provisions of this chapter and any applicable rules and regulations.
[Added by Ord. No. 1369]
A.
The Chief of Police shall maintain a list of those
tow operators licensed by the Borough to respond to calls from the
Borough Police Department. In order to be included on the on-call
towing list, an applicant must meet all of the requirements of this
chapter.
B.
Calls to tow operators on the on-call list shall be
made on a nondiscriminatory rotating basis, pursuant to procedures
established by the Chief of Police. Nothing herein shall prohibit
the Chief of Police or his designee from calling a tow operator out
of sequence or seeking the services of a tow operator not on the on-call
list if the circumstances require specialized equipment or if the
interests of public safety so require.
C.
The fees to be charged for towing and storage services shall be set forth in § 407-12. The Borough shall not be liable for the cost of any towing and/or storage services unless those services are performed on a municipal vehicle.
D.
Inclusion on the on-call towing list shall be automatically
revoked upon expiration or revocation of the tow operator's license.
The Chief of Police may also suspend a licensed tow operator's inclusion
on the on-call towing list for such period of time as he considers
appropriate for violations of this chapter, after a hearing on such
violations.
E.
Nothing in this chapter shall prohibit a motorist
or motor vehicle owner from summoning a tow operator of his or her
own choosing, except that any Borough Police Officer at the scene
of an incident requiring towing services shall be responsible for
making the final determination as to when towing shall take place
and which tow operator shall be called.
F.
All vehicles towed at the request of the Borough must
be removed to an approved storage facility unless the owner or operator
of the vehicle specifically requests that it be towed to another destination.
Any Borough Police Officer at the scene shall be responsible for making
the final determination as to the towing destination.
