As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle or vessel partially dismantled or not readily
capable of operation under its own power, or not currently licensed,
wrecked or junked. It shall also mean 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 the storage
with the owner, occupant or person in control of the premises where
it is located.
Charges for services, including but not limited to physical
inspection, telephone and/or fax calls, copying of documentation and
additional office paperwork before and at the time of release.
STANDARD SITE CLEANUPRefers to the amount of debris removal that should reasonably be anticipated at the scene of a motor vehicle accident or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field. It includes cleanup of fluids and oil spills.
EXTENDED SITE CLEANUPRefers to the removal of debris at the point of impact, 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.
ABSORBENTSAny group of products used to soak up spills or vehicle fluids. These would include oil dry, absorbent pads, socks, booms, etc.
The Chief of Police of the Borough of Wallington; the officer-in-charge
or Police Director, or their designee. The term "Director" as used
throughout this chapter shall refer to the officer-in-charge of the
Wallington Police Department regardless of his or her actual title.
The towing of a motor vehicle which is required because the
disabled vehicle is damaged in a manner where the use of a conventional
wrecker cannot safely perform the service.
The storage of a motor vehicle upon the order of a law enforcement
agency.
Any recurring or nonrecurring event that created a diminished
capacity to roadway function or threatens the environment.
Means the additional work done at the scene by the tow truck
operator which is beyond that required to perform a basic tow, or
any additional manpower needed to complete recovery, winching or towing
of a vehicle. Labor charge for additional manpower shall be based
on a per-man, per-hour rate with a one-hour minimum.
Any entity or individual authorized by the Mayor and Council
to engage in police towing services for the Borough of Wallington.
Use of specialized equipment or tow truck to retrieve a vehicle
that has left the roadway.
The storage of vehicles by stacking them vertically, one
on top of the other.
Use of towing services, when in the determination of the
Wallington Police Department there is a recurring or nonrecurring
event that creates a diminished capacity to roadway function or threatens
the environment that requires a tower to respond.
Use of a tow truck or service vehicle to attempt to repair
a vehicle at the point of breakdown, such as jump starts, tire changes,
etc.
Use of a wide variety of equipment not normally considered
towing equipment, such as but not limited to construction-type equipment,
used to access or cleanup a recovery scene of wreckage.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof, beginning when
the vehicle is placed in the storage facility.[1]
Storage of a motor vehicle inside a secured facility at the
request of the vehicle owner/operator or at the request of a law enforcement
agency for preservation purposes; i.e., owner/operator request for
antique or classic motor vehicle and/or an expensive luxury motor
vehicle and/or law enforcement request for preservation of further
law enforcement investigation.[2]
Storage of a motor vehicle in an outside, secured storage
facility which will be completely enclosed with at least a six-foot
fence, will have at least one entrance and exit gate, and will be
completely illuminated by outside lighting in order to safeguard the
motor vehicles.[3]
When a tow truck and/or hydraulic flatbed carrier takes in
its possession the care, control and custody of a motor vehicle by
means of standard industry procedures.
Commercial motor vehicle designed exclusively to lift motor
vehicles which have become disabled, wrecked, recovered, stolen and
for police impound by means of lifting from the front or rear by the
following methods: sling type (mechanical or hydraulic) or wheel-lift
type (mechanical or hydraulic).
LIGHT DUTY TOW TRUCKUsed to tow and recover small light duty vehicles up to 10,000 pounds.
MEDIUM DUTY TOW TRUCKUsed to tow and recover small commercial-type vehicles up to 16,000 pounds gross vehicle weight (GVW) or passenger vehicles unable to be recovered with light duty tow truck or flatbed.
[Amended 4-25-2013 by Ord. No. 2013-05]
HEAVY DUTY TOW TRUCKCommercial manufactured truck with wrecker body, minimum GVW of 33,001 pounds, used to tow and recover commercial-type vehicles over 16,000 GVW as well as passenger vehicles unable to be recovered by other means.
[Amended 4-25-2013 by Ord. No. 2013-05]
HYDRAULIC FLATBED CAR CARRIERCommercial motor vehicle designed exclusively to transport motor vehicles which have become disabled, wrecked, recovered stolen and police impound by means of bodily winching motor vehicles from roadway level up onto a hydraulic bed for transporting purposes.
SPECIALIZED FLATBED CARRIEREquipped with special hydraulic oscillation knuckle boom crane. Commercial motor vehicle exclusively designed for special recovery procedures when needed and also to bodily lift and transport motor vehicles.
Any individual employed by a licensee to operate any of its
tow trucks while providing police towing services.
Accompanying an owner and/or insurance representative into
the secured storage yard facility to inspect, remove personal belongings,
adjust and take photographs. Documentation such as driver license
of vehicle owner, business card of insurance representative must be
photocopied and time stamped when this additional auxiliary service
is performed. No fee shall be charged to a vehicle owner for the first
visit to remove personal belongings. Vehicle access charges incurred
by an insurance company, at the insurance company's request,
shall be billed directly to the insurance company.[4]
The process of recovering a vehicle or any other object as
requested that is under water, which requires the tow operator to
enter the water to effectuate the recovery.
An action deliberately taken by an owner or insurance company
to leave a vehicle or vessel at a storage yard in order to attempt
to avoid paying the towing, recovery, storage, etc., charges due against
the vehicle. See N.J.S.A. 39:4-56.5 and 39:4-56.6.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winch cable from a
position that is not accessible for direct hook up by conventional
means for towing and/or loading onto a tow vehicle. Winching is not
pulling a vehicle onto a flatbed carrier or lifting a motor vehicle
by conventional means. (Tow sling, wheel left, etc.)
The process of removing wreckage from the roadway (i.e.,
the vehicle and its debris), which includes the removal of pieces
of vehicles from a crash scene, with the end result being to return
the roadway back to pre-crash conditions.
The relationship between the licensed tower and the Borough
is one of an independent contractor. Neither party shall be construed
in any manner whatsoever to be an employee of the other, nor shall
any employee or agent of any party be construed to be an employee
or agent of the other party. Inclusion in the licensed towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement between
the parties.
The Borough shall not be liable or responsible for compensating
the licensed tower for any of the services performed under this chapter,
except where the licensee performs compensable services for the Borough,
as outlined herein. Compensation shall be the responsibility of the
owner or person in charge of the towed motor vehicle, and any claim
for compensation shall be made by the tower directly against such
party.
Submission of an application
by an applicant shall constitute the applicant's consent and
agreement to comply, at all times, with the terms and the provisions
of this chapter.
