[HISTORY: Adopted by the Township Council
of the Township of Franklin 10-24-2006 by Ord. No. 3636.[1] Amendments noted where applicable.]
The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal,
suspension and revocation of all licenses issued under this chapter
in the interest of fair and equitable treatment of the motoring public
and towing operators and to establish standards for the operation
of towing businesses by licensees and to set rates for services performed
by licensees.
As used in this chapter, the following terms
shall have the meanings indicated:
Driving an unengaged wrecker back and forth on a public street
in a manner primarily calculated to solicit business.
A device towed behind a heavy wrecker containing dual wheels
with a hinged pivot hitch used to replace a tractor connection to
a towed trailer. The wheels of the fifth wheel shall have a tire size
of not less than 10.00 by 20 inches.
A building in which motor vehicles can be sheltered, stored,
repaired and made ready for use, and is specifically intended not
to include within the meaning of this definition a gasoline service
station used principally for furnishing gasoline, oil and lubrication
and minor services for motor vehicles.
A wrecker of either of the types set forth in the definition
of "wrecker," designed to be capable of towing vehicles having a gross
vehicle weight rating (GVWR) of 10,000 pounds or more.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
A wrecker of either of the types set forth in the definition
of "wrecker," designed to be capable of towing vehicles having a gross
vehicle weight rating (GVWR) of less than 10,000 pounds.
A person, firm, corporation or other legal entity engaged
in the business of providing wrecker services and storage services
for vehicles towed.
A motor vehicle storage facility that is outdoors 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.
The towing or servicing of a vehicle which has been involved
in an accident or disabled on a highway in such a manner so as to
interfere or be likely to interfere with the safe passage of traffic
or any vehicle involved in a police investigation.
A municipally licensed wrecker operator who responds to the
scene of a police tow.
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 municipally licensed wrecker operator called to the scene
by the primary wrecker operator to assist.
A business, located within Franklin Township, with an inside
building and/or an outside secured area in which motor vehicles can
be sheltered, stored, repaired and made ready for use. A light-duty
tow agency shall be one which owns or operates any two or more wreckers,
as defined. At a minimum, each light-duty business must have at least
one boom-style wrecker and one tilt-body wrecker in order to be maintained
on the towing list.
A list of licensed towing businesses maintained by the Franklin
Township Police Department and used for the purpose of calling appropriate
towing service for all police needs and for removing vehicles from
crashes.
A vehicle equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts, or under-reach equipment specially designed
by its manufacturer for the removal and transport of motor vehicles.
A.
To be placed on the towing list with the Franklin
Township Police Department, a license to perform police tows is required
to be obtained from the Township Clerk. Every wrecker available for
call from the towing list shall be separately licensed.
B.
All towing licenses issued under this chapter will
expire on the last day of December next following the date of issuance.
C.
Application for licenses will be made on forms prepared
by the Chief of Police and shall contain the following information,
together with such other information as the Chief of Police may find
reasonably necessary to carry out the purpose and intent of this chapter:
(1)
The name, address and phone number of the applicant.
(2)
The name, address and phone number of the applicant's
place of business.
(3)
The names and addresses of all persons having a ten-percent
or greater interest in the business, whether the business is a partnership
or corporation.
(4)
The one telephone number which will be called by the
Police Department on a twenty-four-hour, seven-day-a-week basis.
(5)
The year, make, type and model of each tow truck used
in said business, its vehicle identification number and New Jersey
registration number.
(6)
The location and size of all vehicle storage lots.
(7)
The names, addresses and New Jersey driver's license
numbers of all employee-drivers of the vehicles identified. Employee-drivers
must possess a valid New Jersey driver's license prior to the date
of application.
(8)
Certification that each employee operating under this
license is able to read and write the English language.
(9)
Certification that each employee operating under this
license is not addicted to the use of narcotics or intoxicating liquors.
(10)
Any and all successful civil complaints filed against
the owner, agent thereof, the corporation or any officer thereof of
deceptive business practices, including but not limited to insurance
fraud, price gouging, or other similar complaint or offense. This
shall not be construed to be limited to substantiated complaints with
regards to towing services.
(11)
An original letter of authorization for the Franklin
Township Police Department to conduct a full and complete criminal
and driver license background check on each owner, agent thereof and
employee-driver. The owners and the corporation shall also include
an authorization for the Franklin Township Police Department to conduct
an investigation into the insurance coverage as it applies to the
license. Each employee must execute his own letter of authorization.
Blank authorizations are not permitted.
(12)
A description of the security features of the vehicle
storage lots.
(13)
A list of the names, addresses, policy numbers and
coverage of the insurance required by this chapter.
(14)
Any other information, whether at the time of application
or as part of the investigation, that the Township of Franklin shall
deem appropriate and necessary to properly evaluate the towing agency
for this license.
D.
License fees shall be $80 for the first license for
a towing business and $15 for each additional license issued to a
towing business, payable to the Township of Franklin.
E.
Investigation.
(1)
After the filing of a fully completed application and payment of the licensing fee, the Chief of Police shall, within 30 days, cause to be conducted an investigation to determine the accuracy and completeness of the information contained in the application, as well as an investigation as to the towing business's prior record of compliance with the intent, purpose and regulations established under this chapter. The application shall also be reviewed by the Zoning Officer, who shall advise the Chief of Police whether the towing business is a permitted use and complies with Chapter 112, Development.
(2)
During the course of the investigation, the applicant
shall schedule the wrecker to be licensed to be inspected by the designee
of the Chief of Police. This inspection shall be conducted to ensure
that the wrecker meets all applicable safety standards as well as
the requirements of this chapter.
(3)
Upon completion of all investigations and inspections,
the Chief of Police shall return a copy of the application to the
Township Clerk, indicating approval or disapproval of the license.
Any disapproval will be accompanied by a written explanation of the
reasons for disapproval. Any approval will be accompanied by a proposed
classification of the applicant as a light-duty and/or heavy-duty
service. If the application is approved, the applicant shall supply
the Township Clerk with the insurance policies or certificates as
required by this chapter.
(4)
The Township Clerk shall approve and classify an application
when he/she finds that the following requirements have been met by
the applicant:
(a)
That the public convenience and necessity will
be served by the use of the vehicle or vehicles for which application
has been made.
(b)
That the insurance policies, as required, have
been procured and supplied.
(c)
That the applicant and proposed operators are
qualified to operate the wrecker and conduct a wrecker service in
the Township of Franklin.
(d)
That the requirements of this chapter and all
other laws, statutes and ordinances have been met, including zoning
ordinances.
(e)
That the vehicle has been properly licensed
and inspected by the State of New Jersey and has the necessary stickers
affixed. No vehicle shall be licensed as a wrecker which is using
dealer license plates or which has failed state inspection.
(f)
That the wrecker to be licensed, on inspection,
meets with the required minimum standards, as set forth in this chapter,
for the class to which it has been assigned.
(g)
That applicant has available space for properly
accommodating and protecting a minimum of 20 towed vehicles and that
the vehicles will not be stored or allowed to remain on public property
or any street or property in the Township that is not zoned for such
storage. The storage area must be enclosed with a minimum six-foot-high
fence and the area must have adequate lighting.
(5)
The applicant or an employee-driver may be refused
if the investigation reveals any of the following or if the applicant
or any employee refuses to permit the investigation:
(a)
Conviction of any crime of the fourth degree
or higher, possession of or use of a controlled dangerous substance;
and other crimes against the person or crimes involving moral turpitude.
Any plea arrangement, which results in pretrial intervention, conditional
discharge, or any other similar diversionary trial settlement may
be viewed as a conviction to the original charge/offense.
(b)
Conviction of operating a motor vehicle under
the influence of an intoxicating liquor or drug (39:4-50 or 39:3-10.13),
leaving the scene of a crash (39:4-129), failure to report a crash
(39:4-130), reckless driving (39:4-96) and possession of a controlled
dangerous substance in a motor vehicle (39:4-49.1).[1]
[1]
Editor's Note: References are to Title 39,
New Jersey Motor Vehicle and Traffic Regulations.
(c)
Successful civil complaints filed against the
owner or agent thereof, the corporation or any officer thereof for
deceptive business practices, including but not limited to insurance
fraud, price gouging or other similar complaint or offense.
(6)
Appeal of application denial.
(a)
Upon receipt of a denial of a license, or partial
denial, the applicant may file an appeal with the Township Clerk.
The appeal must be filed within 10 business days of receipt of the
decision. Such appeal shall be submitted in writing and shall document
the applicant's position for approval of the license.
(b)
Upon receipt of the appeal the Township Manager
shall review all documentation relating to this application. Such
review may include interviews with the interested parties. The Township
Manager shall make a decision within 10 business days of receipt of
the appeal.
(c)
If the Township Manager does not grant the license
the last step for appeal will be the Township Council. The appeal
must be filed within 10 business days of the last denial. Such appeal
shall be submitted in writing and shall document the applicant's position
for approval of the license.
(d)
Upon receipt of the appeal, the Township Council
shall review all documentation relating to this application. Such
review may include interviews with the interested parties. The Township
Council shall make a decision within 30 days of receipt of the appeal.
The decision of the Council is final and binding. No further appeals
are permitted.
The following shall serve as a guide for minimum
standards as they apply to light-duty and heavy-duty wreckers.
A.
Light-duty (below 10,000 pounds GVWR capacity):
(1)
Dual rear wheels or equivalent.
(2)
A power take-off controlled winch with a minimum cable
thickness of 3/8 inch.
(3)
A three-eighths-inch safety chain. The lift chain
and the safety chain are not to be attached in any form or manner
to the same part of the wrecker.
(4)
A gross vehicle weight of not less than 15,000 pounds.
(5)
Originate from a garage equipped with a portable car
dolly and steering lock bar.
(6)
Three-hundred-sixty-degree rotating amber beacon light
mounted over the cab.
(7)
Four double-faced rear flashing amber lights mounted
high at maximum state requirements.
(8)
All lights shall be of such candlepower in intensity
as to be visible from 1/4 mile away or must be equal to the candlepower
of the lights on Township Police vehicles.
(9)
Tow businesses must maintain light permits for all
wrecker emergency lighting.
B.
Heavy-duty (over 10,000 pounds GVWR capacity).
(1)
Dual rear wheels.
(2)
A power take-off controlled winch with a minimum cable
thickness of 5/8 inch.
(3)
A one-half-inch safety chain. The lift chain and the
safety chain are not to be attached in any form or manner to the same
part of the wrecker.
(4)
A gross vehicle weight of not less than 20,000 pounds.
(5)
A three-hundred-sixty-degree rotating amber beacon
light mounted on the cab.
(6)
Four double-faced rear flashing amber lights mounted
high at maximum state requirements.
(7)
All lights shall be of such candlepower in intensity
as to be visible from 1/4 mile away or must be equal to the candlepower
of the lights on Township Police vehicles.
(8)
Air brakes.
(9)
Connecting air lines for connection with the air compressor
and air brake lines of towed vehicles.
(10)
A brake caging tool.
(11)
Detachable amber flashing lights to be attached to
the rear of towed vehicles.
D.
All wreckers licensed under this Act shall be in compliance
with all the applicable provisions of Title 39, New Jersey Motor Vehicle
and Traffic Regulations.
A.
Each towing agency shall maintain, during the term
of their license, the following minimum insurance coverage, naming
the Township of Franklin as an additional insured.
(1)
Automobile liability insurance, in an amount not less
than $1,000,000 combined single limit, covering each vehicle utilized
by the operator in his business.
(2)
Workmen's compensation insurance, as required by the
State of New Jersey, including employer's liability coverage with
a limit of at least $100,000.
(3)
Comprehensive general liability insurance, in an amount
of not less than $1,000,000 for personal injuries, per occurrence,
and $1,000,000 for property damage, per occurrence, including premises'
operations and products/completed operations.
(4)
Garage keepers and garage liability insurance, in
an amount of not less than $100,000.
(5)
All policies of insurance shall contain an endorsement
providing for collision coverage for vehicles in tow.
B.
All policies of insurance shall contain an endorsement
requiring that at least 15 days' notice shall be given to the Township
Clerk in the event of any material change in or cancellation of the
policy.
C.
The operator shall indemnify and hold harmless the
Township of Franklin from any claims for injury or property damage
arising out of, or in any way related to, the operation of any wrecker,
tow agency or storage yard, pursuant to this chapter. The tow agency
shall further defend the Township of Franklin at the operator's expense
in connection with any suit or action brought against the Township
of Franklin and arising out of the operation of any wrecker, tow service
or tow yard, pursuant to this chapter.
D.
All policies of insurance shall be issued by insurance
companies authorized to do business in the State of New Jersey and
shall remain in full force and effect during the entire term of the
license. The Township of Franklin shall be named as additional insured
on all policies of liability insurance.
E.
No license shall be issued until an approved applicant
files insurance certificates verifying all of the above requirements.
The insurance certificates shall be filed with the Township Clerk.
F.
Any licensee who has a lapse in any insurance policy,
for any reason whatsoever, shall have his/her license immediately
suspended. Upon notice of lapse of coverage, the Township Clerk shall
immediately serve notice of suspension upon the licensee, with copy
of said notice provided to the Township Manager and Chief of Police.
The suspension shall remain in effect until such a time as the insurance
is restored.
The Township Clerk shall issue to the person
owning a licensed wrecker a card, not less than four inches nor more
than six inches in width, in such form as may be set by the Township
Clerk, which shall be at all times displayed on the right front windshield
of each wrecker. The card shall bear the name of the applicant, official
license number of the wrecker, the rate of fares and conditions of
employment under which the wrecker is operating and a notice that,
in case of any complaint, the complainant may notify the Police Department,
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. In lieu of the card, a metal plate
to be furnished by the owner, giving the same information, may be
affixed in a prominent place on the wrecker.
A.
No wrecker or tow agency covered by the terms of this
chapter shall be licensed until it has been thoroughly and carefully
inspected and examined by the Chief of Police or his designee and
found to be in a thoroughly safe and sanitary condition. Any wrecker
or tow agency found to be unsafe shall not be licensed. The Chief
of Police is authorized and empowered to establish reasonable rules
and regulations for the inspection of wreckers and tow agencies for
the construction and condition for the safety of persons and property.
B.
The Police Department shall maintain due vigilance
over all tow trucks and towing agencies licensed under this chapter
and see that they are kept in a condition of safety and sanitation,
and to this end shall have the right at any and all times to inspect
any and all such licensed vehicles and storage facilities and shall
maintain a record in writing of the report of all such inspections.
The Township Clerk shall keep a record of the
names of all persons owning and operating wreckers licensed under
this chapter, together with the license number and a description of
the wreckers and the date and complete record of inspection made of
them.
A.
No vehicle owner shall be liable to any person or
corporation who tows or stores motor vehicles for any fees in excess
of those permitted by the towing and storage schedules established
in this section.
B.
The fees set forth on the schedule for towing rates
are the maximum charges that shall apply to a vehicle with a GVWR
of 10,000 pounds or less towed by a wrecker.
(1)
The towing rate shall be calculated based on the total
distance traveled from the wrecker's base of operation to the job
site and return, by way of the shortest available route. Fractions
shall be rounded up to the nearest whole mile. Mileage shall be determined
using a standard scale map of the Township as provided by the Township
Clerk.
(2)
When towing services are 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 and federal holidays. The night, weekend and
holiday rate shall otherwise apply.
C.
The fees set forth on the schedule for storage fees
are the maximum storage charges per twenty-four-hour period that shall
apply to an automobile that is stored by a person or corporation.
F.
Additional authorized light-duty fees and charges.
The following is a list of related fees that may be charged should
they apply to the job being completed:
(1)
Service charge. Days: $60; nights, weekends and New
Jersey state and federal holidays: $70. This will cover calls for
service such as vehicle jump start, out of fuel, change tire or lockout
service, if provided. This charge does not include any charges for
parts or fuel. This only applies when no tow is completed.
[Amended 3-14-2023 by Ord. No. 4398-23]
(2)
Crash scene cleanup: $40. Includes but not limited
to sweeping up debris, cleaning up fluid spills and removing vehicle
parts removed during crash and post crash activities.
[Amended 3-14-2023 by Ord. No. 4398-23]
(3)
Yard charge: $50. This is a one-time per-vehicle charge
that a company can charge only if any of the following occurs:
[Amended 3-14-2023 by Ord. No. 4398-23]
(a)
Escort an insurance appraiser, a removing tow
company, the owner or their representative or anyone other than a
law enforcement official who properly requests to see the vehicle.
Yard charge only applies to crashed vehicles, not disabled or police
impound.
(4)
Material off-loading charge: $100 per hour billed
in one-fourth-hour increments. The vehicle has material that needs
to be off loaded for security, health or safety reasons. If the tow
company is charged a disposal fee for the material, that fee may also
be passed on to the responsible party.
G.
The maximum towing fee for Vehicle over 10,000 pounds
GVWR will be:
[Amended 3-14-2023 by Ord. No. 4398-23]
|
GVWR
(pounds)
|
Fee
| |
|
10,001 to 25,000
|
$200
| |
|
25,001 to 55,000
|
$325
| |
|
55,001 to 80,000
|
$450
| |
|
Each fee includes the first mile, each additional
mile
|
$5
|
H.
The following is the fee schedule for storage of commercial
vehicles with a GVWR of more than 10,000 pounds. (In the case of an
articulated vehicle, the tractor and trailer shall be considered as
two separate vehicles.)
[Amended 3-14-2023 by Ord. No. 4398-23]
I.
Additional authorized heavy-duty fees and charges.
(1)
Winching: $385.
[Amended 3-14-2023 by Ord. No. 4398-23]
(2)
Remove bumper: $33.
[Amended 3-14-2023 by Ord. No. 4398-23]
(3)
Connect air line: $27.50.
[Amended 3-14-2023 by Ord. No. 4398-23]
(4)
Remove axle: $27.50 per axle.
[Amended 3-14-2023 by Ord. No. 4398-23]
(5)
Remove driveshaft: $38.50.
[Amended 3-14-2023 by Ord. No. 4398-23]
(6)
Remove air scoop: $49.50.
[Amended 3-14-2023 by Ord. No. 4398-23]
(7)
Remove exhaust pipes: $33 per pipe.
[Amended 3-14-2023 by Ord. No. 4398-23]
(8)
Cage brake chambers: $27.50 per hour.
[Amended 3-14-2023 by Ord. No. 4398-23]
(9)
Extra persons, per hour per person: $50.
[Amended 3-14-2023 by Ord. No. 4398-23]
(10)
Crash scene cleanup: $40. Does not include the cost
of materials and any fees to dispose of contaminated material.
[Amended 3-14-2023 by Ord. No. 4398-23]
(11)
Yard charge: $50. This is a one-time per-vehicle charge
that a company can charge if any of the following occurs:
[Amended 3-14-2023 by Ord. No. 4398-23]
(a)
Escort an insurance appraiser, a removing tow
company, the owner or their representative or anyone other than law
enforcement officials who properly requests to see the vehicle.
(12)
Material off-loading charge: $100 per hour billed
in one-fourth-hour increments. The vehicle has material that needs
to be off loaded for security, health or safety reasons. If the tow
company is charged a disposal fee for the material, that fee may also
be passed onto the responsible party.
(13)
Securing vehicle: $100 per hour plus materials. In
order to be towed and due to damage sustained after being involved
in a motor vehicle crash parts of the vehicle need to be secured in
order for the vehicle to be safely towed.
J.
If the Township of Franklin shall be the owner of
the vehicle towed or shall specifically request the storage of any
vehicle, the fees charged to the Township of Franklin shall be governed
by N.J.S.A. 40:48-2.50, as amended.
A wrecker license hereunder shall be issued
subject to the following conditions:
A.
No person owning or operating a wrecker or other automobile,
while waiting for employment, shall stand at any public street or
intersection or on any public or private property, other than his/her
own, without first obtaining the consent of a police officer or of
the owner of the property.
B.
No person shall seek employment by repeatedly and
persistently driving his wrecker back and forth in a short space in
front of any disabled vehicle or by otherwise interfering with the
proper and orderly progress of traffic along the public highways.
C.
No person owning or operating a wrecker licensed under
this chapter shall engage in cruising.
D.
No person owning or operating a wrecker licensed under
this chapter shall permit or invite loitering within or near his/her
wrecker.
E.
No person shall solicit or attempt to divert prospective
patrons of a given garage to another garage.
F.
No person shall solicit, demand or receive from any person any commission or fee except the proper fee for transporting the disabled vehicle in accordance with § 390-9.
G.
No person shall intercept police calls by short-wave
radio or obtain information as to the location of the scene of a crash
or disabled vehicle by means of interception of police radio calls
and then use the intercepted information to attempt to solicit employment
of the licensee's services.
H.
No person shall pay any gratuity, tip or emolument
to any third person not involved in the crash or to a police officer
for any information as to the location of any crash or for soliciting
the employment of the licensee's services, nor give any gratuities
fees or other compensation or gifts to any members of the Police Department.
I.
Any wrecker service summoned either by the Police
Department or the owner of the vehicle shall be required to respond
on scene within 1/2 hour.
J.
The wrecker company must be available seven days a
week, 24 hours a day. The Chief of Police may grant a leave of absence
requested by the company upon request, in writing, at least one week
in advance.
K.
The wrecker company must be open for customers to
claim their vehicles between the hours of 8:00 a.m. and 5:00 p.m.
daily, except Sundays and New Jersey and federal holidays.
L.
A wrecker company that cannot respond when called
shall not have any other wrecker company, whether on the rotation
list or not, respond in its place. The next wrecker on the list shall
be called to respond by the Police Department.
M.
Any wrecker company unable to respond to four or more
Police Department requests per month will be subject to removal from
the approved list. In the event that a telephone call goes unanswered
by either human or machine, the Police Department shall allow the
phone to ring 10 times on any call before going to the next service
on the list. If a message is left on voicemail or a company is paged,
they will be granted a five-minute wait period to respond to the voicemail
or page before the Police Department calls the next wrecker company
on the list.
[Amended 4-12-2011 by Ord. No. 3927]
N.
A wrecker company on the police rotation list and
responding to a job as a result of the police rotation list shall
only charge fees and rates established by this chapter.
O.
Owners, agents or employees of a wrecker company shall
act professionally when dealing with the public as a result of a police-requested
tow.
A.
Citizen complaints.
(1)
Any complaints regarding unprofessional, unethical
or discourteous conduct of a wrecker company owner or employee shall
be made to the Police Department on a wrecker company complaint form.
The Police Department Traffic Safety Bureau shall investigate these
complaints and a report shall be made to the Chief of Police as to
the findings.
(2)
If a complaint is substantiated, the report shall
be forwarded to the Township Clerk, who shall have the authority to
suspend or revoke the wrecker company's license. The wrecker company
shall have the right to appeal any suspension or revocation within
10 working days of the action and request, in writing, a hearing,
with said appeal to be filed with the Township Clerk.
(3)
The hearing officer for a first-level appeal shall
be the Township Manager. The wrecker company may be represented by
an attorney during this hearing. If the Township Manager upholds the
actions taken by the Township Clerk, the wrecker company shall once
again have the right to appeal the decision and request, in writing,
a second appeal hearing, with the Township Council. Said request must
be filed with the Township Clerk within 10 working days of the first
hearing.
(4)
The decision of the Town Council with regards to the
appeal shall be made within 30 days of its hearing. The decision is
final and binding. No further appeals are permitted.
B.
Police complaints.
(1)
When a violation of the rules of conduct occurs with
regards to mandated procedures, a complaint may originate from within
the Police Department.
(2)
The infraction shall be reduced to writing and, with
all supportive documents, given to the Chief of Police designee so
a complete and thorough investigation may be completed.
(3)
If a complaint is substantiated, the report shall
be forwarded to the Township Clerk, who shall have the authority to
suspend or revoke the wrecker company's license. The wrecker company
shall have the right to appeal any suspension or revocation within
10 working days of the action and request, in writing, a hearing,
with said appeal to be filed with the Township Clerk.
(4)
The hearing officer for a first-level appeal shall
be the Township Manager. The wrecker company may be represented by
an attorney during this hearing. If the Township Manager upholds the
actions taken by the Township Clerk, the wrecker company shall once
again have the right to appeal the decision and request, in writing,
a second appeal hearing, with the Township Council. Said request must
be filed with the Township Clerk within 10 working days of the first
hearing.
(5)
The decision of the Town Council with regards to the
appeal shall be made within 30 days of its hearing. The decision is
final and binding. No further appeals are permitted.
Every person owning a licensed wrecker shall
keep a record of all details of each vehicle towed, serviced or transported,
together with full information concerning the details surrounding
the hire and the full name of the owner of the towed vehicle and of
the person engaging him.
A.
All requests for towing or wrecking service made by
the Police Department shall be by rotation.
B.
The rotation system shall be conducted in the following
manner:
(1)
The Township Clerk shall compile a list of all owners,
lessees or bailees as provided in this chapter.
(2)
The original and annual public reporting of the current
list of designated towing contractors containing the company name,
address, telephone number and maximum towing fees shall be printed
and circulated in the Township. The annual reporting of the list shall
be available for inspection by any member of the general public upon
request and during regular business hours.
(3)
Each owner, lessee or bailee of a wrecker licensed
hereunder shall be placed on an initial call list, for light duty
or heavy duty, based upon the date on which the license is issued
and upon the classification of the wrecker. Where an owner, lessee
or bailee shall own or lease more than one wrecker classified for
light duty, said owner's, lessee's or bailee's name shall appear but
once on said call list.
(4)
Whenever the Police Department or any other department
summons a wrecker, the owner, lessee or bailee at the beginning of
the list will be called. After such owner, lessee or bailee has been
called, that owner, lessee or bailee shall be placed at the end of
such list, whether or not said owner, lessee or bailee responds to
the call. Thereafter, the next licensee shall be called until the
rotation is completed.
C.
Additional rules and regulations regarding the rotation
of wreckers as may be promulgated hereunder by the Township Clerk
shall take effect immediately after service of a copy thereof to all
holders of licenses for wreckers in the Township, which may be made
by addressing the same to the licensees by mail at their last known
addresses.
D.
In establishing a rotation system of assignment of
wreckers, a separate list shall be set up limited to heavy-duty wreckers,
and the assignment of a heavy-duty wrecker to tow a disabled truck
or bus shall be in addition to and not in limitation of the rights
of the heavy-duty wrecker owners to participate on a rotation basis
on the light-duty call list.
Nothing in this chapter shall apply to persons
who pick up disabled vehicles outside the Township and are in the
course of taking the vehicles to a garage either within or outside
the Township. This chapter shall not apply to persons whose principal
place of business as wreckers is outside the Township who come into
the Township to pick up a disabled vehicle under contract for hire
with any person engaged in the trucking or transportation business
or in the operation of fleets of vehicles, or to wreckers hired by
motorists without the assistance and/or involvement of the Police
Department.
The Township Clerk shall make available all
fee schedules and regulations applicable to towing for public inspection
during regular business hours.
Nothing in this chapter shall abrogate or in
any way diminish the rights of the vehicle owner to make his own selection
of a wrecker, except where the vehicle presents a real and immediate
hazard to the public safety.
A.
REVOCATION
SUSPENSION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The immediate termination of the current license to tow as
a police rotation list tow company as well as any other municipal
tows. This termination shall have a duration of the remaining current
year plus one full calendar year. The revoked license will not be
reinstated; the wrecker company will have to reapply.
The temporary removal of the wrecker company from the police
rotation list as well as any other municipal tows. Duration may be
a minimum of one day and as much as one year.
B.
Any person found in violation of this chapter shall
be subject to suspension or revocation of his or her tow license.
C.
Suspension or revocation shall be based on the nature
and frequency of the offense.
D.
No suspension or revocation shall be served until
such a time that all appeals have been exhausted or the time limits
have expired.
If any section, paragraph, subsection, clause
or provision of this chapter shall be adjudged by the courts to be
invalid, such adjudication shall apply only to the section, paragraph,
subsection, clause or provision so adjudged, and the remainder of
this chapter shall be deemed valid and effective.
