[HISTORY: Adopted by the Township Council
of the Township of West Milford 2-19-1992 by Ord. No. 1992-4.
Amendments noted where applicable.]
A.Â
It is the purpose of this chapter to establish the
minimum requirements for a contractor to do towing work and/or vehicle
removal, and/or impoundment of vehicles, four wheels or less, for
the Township of West Milford when determined necessary by the West
Milford Township Police Department.
B.Â
This work includes but is not limited to vehicles
that are impounded for illegal parking, vehicles found to be stolen,
or vehicles that are abandoned or found to be unregistered and/or
uninsured, vehicles involved in accidents that must be removed from
the streets, and vehicles which have become disabled and in need of
removal and the West Milford Police Department has been asked by the
motorist to call for towing or road service, or that have to be towed
and/or impounded for any other reason at the discretion of the West
Milford Police Department.
For the purpose of this chapter, the following
words shall have the meanings given herein:
Any private passenger automobile, motorcycle or ATV, as well
as pickup trucks and panel trucks or recreation vehicles up to 1Â 1/2
tons.
The removal and transportation of an automobile from a highway,
street or other public or private road or property, or a parking area,
or elsewhere in the Township, and other services normally incident
thereto, but does not include recovery of an 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. Flatbedding and dolly services
are included here, and there shall be no extra charge for same.
Driving an unengaged wrecker to and fro along a public street
in any fashion calculated for the purpose of soliciting business along
any street.
A building or property within the Township of West Milford
where motor vehicles can be sheltered, stored, repaired, and made
ready for use, and it is specifically intended not to include within
the meaning of this definition a gasoline service station used principally
for furnishing gasoline, oil, lubrication service and minor services
for automobiles.
An automobile storage facility that is not indoors and is
secured by a fence or wall or other man-made barrier that is at least
six feet high.
When a tow truck or service is requested by a police officer.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
A vehicle employed for the purposes of towing, transporting
or conveying and removing any vehicles which are unable to be operated
under their own power from the place where they are disabled to some
other place.
[Amended 5-20-2020 by Ord. No. 2020-008]
A.Â
No person, firm, or corporation who wishes to engage in municipal
towing at police request shall engage in the business of operating
wreckers or tow trucks for the aforementioned purpose within the Township
without first obtaining the necessary license as hereinafter provided
from the Chief of Police.
B.Â
The number of towers to be identified as eligible to be placed on
the rotating call list in order to perform towing work for the Township
shall be determined by the Chief of Police, in conjunction with the
Administrator, based upon the needs of the Township.
A.Â
Application for a license issued under this chapter
shall be made upon forms prepared and made available by the Chief
of Police. The application shall state the following information:
(1)Â
The location and description of the wreckers owned
by the applicant.
(2)Â
That the applicant has available space at this garage
within the Township of West Milford for properly accommodating and
protecting all disabled motor vehicles to be towed from the place
where they are disabled, and that the disabled vehicles will not be
stored or allowed to remain on public property or any street or property
in the Township which is not permitted by the present Zoning Ordinance
for such storage. A letter must be obtained from the Zoning Administrator
indicating his approval. All storage areas shall be fenced to screen
and protect said vehicles. Such storage areas shall be verified on
a property survey.
(3)Â
Description of vehicles for which the permit is desired,
including year, make, model, type, color, and vehicle identification
number; length of time the vehicle has been in use; and any other
information which the Chief of Police shall deem necessary or proper.
(4)Â
The application shall have affixed thereto an affidavit,
to be sworn to by the applicant, that all of the information given
in the application is true and correct.
B.Â
Upon this chapter becoming effective, applications
shall be received during the thirty-day period immediately following
and shall be acted upon in accordance with the other provisions of
this regulation. Thereafter, applications shall be received prior
to December 1 for processing prior to January 1.
A.Â
Within 30 days after the receipt of an application,
the Chief of Police shall cause an investigation to be made of the
applicant and his proposed business operation and shall make or have
made an inspection of the vehicles. All applicants and/or operators
shall be checked for a criminal history with the New Jersey State
Police Bureau of Identification.
B.Â
The Township of West Milford recognizes that the contractor
must be trustworthy in that he is safeguarding autos belonging to
others. Therefore, in the best public interest, the Township may disqualify
anyone that has been convicted of a crime within the past 10 years,
which crime would indicate that the contractor or his employees may
not be responsible to perform in the best interests of others. Such
crimes would include but not be limited to car theft, stealing of
car parts, breakins, thefts, etc. The Township of West Milford may
waive these standards if it is deemed to be in the best interest of
the Township.
C.Â
If the contractor or his employees are found guilty
of any such crime during the term of the permit, the permit may be
canceled by the Township for the reasons aforesaid. The contractor
shall notify the Police Department in writing of any criminal charges
that may become pending against him or his employees during the term
of the permit.
D.Â
The Police Department reserves the right to investigate
at any time the contractor or anyone employed by the contractor for
the purpose of fulfilling the contract herein.
E.Â
The Chief of Police may delegate the inspection of
the vehicle to a person or persons, who shall make such an inspection
and who shall report to the Chief of Police whether the wrecker is
in a thoroughly safe and sanitary condition and complies with the
requirements and standards of this chapter, as given herein. Upon
completion of the investigation and inspection, the Chief of Police
shall either refuse to approve the application or shall approve the
application in accordance with the standards given herein, and shall
inform the applicant of his decision. If the application is approved,
the applicant shall supply the Chief of Police with the insurance
policies or certificates as required. Upon receipt of the policies
or certificates, the Chief of Police shall make appropriate notations
on the application and shall notify the Administrator that the application
has been approved. He shall maintain a file of the aforementioned
documents.
[Amended 9-1-2004 by Ord. No. 2004-6]
[Amended 5-20-2020 by Ord. No. 2020-008]
The Chief of Police may approve an application when he finds
that the following requirements have been met by the applicant:
A.Â
The insurance policies as required have been procured and supplied.
B.Â
The applicant and proposed operators are qualified to operate the
wrecker and conduct a wrecker service in the Township. Permit holders
will be required to submit a list of operators and their legal addresses
and keep the Police Department informed of any changes.
C.Â
The requirements of this chapter and all other laws, statutes and
ordinances have been met.
D.Â
The vehicles have been properly licensed and conform to the State
Motor Vehicle Laws.
E.Â
The wrecker or tow truck to be approved, on inspection, meets the
required minimum standards set forth herein.
The following shall serve as a minimum standards
for wreckers:
A.Â
A wrecker shall be able to handle all makes of passenger
cars and small trucks, such as pickups and small panel trucks up to
1Â 1/2 tons, and must have or be equipped with the following:
(1)Â
All wreckers shall be a minimum of 3/4 ton according
to the manufacturer's specifications and shall be dual rear wheels
or the equivalent.
(2)Â
A power take off controlled winch with a minimum cable
thickness of 3/8 inch or equivalent.
(3)Â
Gross weight equal to the vehicles to be towed, with
a minimum of 5,500 pounds.
(4)Â
A 3/8 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.
(5)Â
Front and rear hazard flashing lights.
(6)Â
A 300° rotating amber beacon light mounted over
the cab or approved light bar.
(7)Â
All lights shall be of such candlepower in intensity
as to be visible 1/4 of a mile away.
(8)Â
All towing company drivers will carry their business
cards and must give it to the owner/driver of the vehicle to be towed.
(9)Â
All companies will have the company name, address,
and phone number permanently affixed in letters and numbers on both
sides of the wrecker prior to said wrecker being used on any Township
rotation calls. The letters and numbers shall be a minimum of three
inches in height.
(10)Â
The wrecker shall be equipped with sufficient equipment
to clean up the debris on the highway. The operators must clean away
the debris at the scene. All wreckers shall be equipped with a fire
extinguisher.
A.Â
No wrecker shall be issued a license unless the wrecker
has been approved and the following insurance policies or certificates
of insurance specifically naming the Township as an insured party
are filed with the Chief of Police:
(1)Â
Garage keeper's policy. A garage keeper's legal liability
policy covering fire, theft and explosion in the minimum amount of
$50,000 and collision coverage subject to $500 deductible, with each
accident deemed a separate claim.
(2)Â
Garage liability policy. A garage liability policy
covering the operation of the applicant's equipment or vehicles for
any bodily injury or property damage. This policy shall be in the
amount of $500,000.
B.Â
Each policy required herein must contain an endorsement
providing 10 days' notice to the Township in the event of any material
change or cancellation for any cause.
C.Â
In the event the policy is changed so as to fail to
conform to the above requirements, or if any policy of any approved
wrecker is canceled 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 and before the date of cancellation. If the
policy or certificate is not corrected, reinstated, or replaced within
the required time, the Chief of Police shall immediately suspend the
wrecker's license.
The Chief of Police shall issue to the person
holding a license a card, in such form as may be set by the Chief
of Police, which shall at all times be displayed on the passenger
side of the rear window of each wrecker. The card shall bear the name
of the owner, the rate of the charges, and a notice that in case of
complaint the complainant may notify the Chief of Police, giving the
license number of the wrecker.
A.Â
The Chief of Police is hereby authorized to establish
reasonable rules and regulations for the inspection and operation
of wreckers and for the design, construction, maintenance and conditions
for the safe conduct of a wrecker service business, in accordance
with the standards outlined in this chapter. The Chief shall maintain
due vigilance over all wreckers to see that they are kept in a safe
condition for transporting and hauling disabled vehicles and shall
have the right at all times to inspect all licensed wreckers. If at
any time the Chief of Police shall find any equipment inadequate or
unsafe, he shall have the power to demand immediate correction, and
if not corrected to the satisfaction of the Chief, he shall have the
power to revoke or suspend the license and schedule a hearing, depending
upon the nature and circumstances of the violation.
B.Â
The Chief of Police is hereby authorized and empowered
to establish from time to time such additional rules and regulations,
not inconsistent herewith, as may be reasonable and necessary in carrying
out the provisions of this regulation.
[Amended 9-1-2004 by Ord. No. 2004-6]
An appeal to the Police Chief's ruling shall
be filed with the Township Administrator within 10 calendar days of
the Chief's decision. A hearing may be held within 30 calendar days
of the filing, with a ruling forthcoming from the Administrator within
20 calendar days of the final hearing.
The Chief of Police shall keep a record of names
of all persons holding a license together with the license number
and description of the wreckers and the date and complete record of
inspection made of them.
[Amended 12-16-2009 by Ord. No. 2009-030]
Charges for transportation, hauling or service
of disabled vehicles by an approved wrecker or operator of any approved
wrecker shall not exceed the following rates:
A.Â
The basic towing and storage fee schedule shall be that set by the Township and listed in Chapter 135, Fees and Costs, specifically § 135-37B, and updated periodically along with the additions and exceptions to same contained in this chapter. A schedule of the current rates shall be available to the public in the office of the Township Clerk during normal business hours.
B.Â
Mileage
rate. The mileage rate shall be calculated based on the total distance
traveled from the tow vehicle's base of service to the job site and
return by way of the shortest available route. The tow operator will
transport the vehicle anywhere in the Township at the request of the
owner/operator. Vehicles transported solely within the Township are
subject to a twelve-mile maximum charge.
(1)Â
If
the owner/operator requests the vehicle be transported out of the
Township, the towing service shall receive payment for the additional
miles traveled.
(2)Â
On
request, towers shall provide this service for a minimum of five miles
beyond the Township line. Towing beyond this point may be refused
if service to the Township could be affected.
C.Â
When towing
services are required, the current rates apply.
(1)Â
Labor.
The labor rate is chargeable in quarterly hour increments after the
first 1/2 hour. This rate includes waiting time, winching, uprighting,
etc., for all automobiles. There shall be no charge for cleanup of
common motor vehicle accident debris.
(2)Â
Special
recovery. Fee unlisted, but chargeable only after first hour of labor
except when the need for specialized equipment is readily apparent.
D.Â
Special
circumstances.
(1)Â
If
the owner of an unattended vehicle to be towed appears on the scene,
and providing that the vehicle does not need to be towed or impounded,
the towing contractor shall make no charge. However, if the vehicle
is hooked up to the towing truck, the vehicle shall be released at
the scene of impound upon the payment of 50% of the authorized towing
charge.
(2)Â
There
shall be no charge for towing, storage or impoundment if it is determined
by the Police Chief or his designee that such vehicles have been towed,
stored or impounded due to an error by the tow truck operator. This
determination shall be at the sole discretion of the Police Chief
or his designee, and is binding upon the contractor. The contractor
shall make no claims for payment upon the owner of the vehicle, and,
if payment has already been received, the payment shall be returned.
The Township of West Milford believes there will be occasions that require the contractor to provide services for the Township. The contractor can charge the hourly rate as set forth in § 366-13C(1). Each call by the West Milford Police Department for such service shall be a minimum of one hour per call. This is the only occasion in which the Township of West Milford will be paying costs directly to the contractor. This municipal expenditure is subject to municipal budgeting law. It is expressly noted that the Township shall only pay the hourly rate. Such hourly rate will include all labor and unlimited towing. The Township agrees that the hourly rate will commence when the tow vehicle leaves the contractor's location and will include the return trip to the contractor's location. This service shall include but not be limited to jump starts and change of flat tires of police and other vehicles.
A.Â
Every license holder shall give the owner of the vehicle
a written receipt for the fee paid. Copies of receipts shall be maintained
by the owner for two years and available for inspection by authorized
Township officials.
B.Â
Every license holder shall file a report in a form
acceptable to the Chief of Police by the 15th day of the month next
following the wrecker's rotating assigned month. Said report shall
contain the following information as a minimum:
C.Â
Any license plates removed by the contractor shall
be returned to the Division of Motor Vehicles, receipts shall then
be returned to the Township of West Milford.
A wrecker license hereunder shall be issued
subject to the following conditions:
A.Â
No person shall seek employment by driving his wrecker
to and fro 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.
B.Â
No person owning or operating a wrecker shall engage
in cruising.
C.Â
No person owning or operating a wrecker licensed under
this chapter shall permit or invite loitering within or near the wrecker.
D.Â
No person shall solicit or attempt to divert prospective
patrons of another wrecker nor shall he solicit or divert prospective
patrons of a given garage in the Township to another garage.
E.Â
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 § 366-13.
F.Â
No person shall pay any gratuity, tip or emolument
to any third person not involved in the accident or to any police
officer for any information as to the location of any accident or
for soliciting the employment of the operator's services, nor give
any gratuities, fees or other compensation or gifts to any members
of the Police Department.
G.Â
No wrecker which happens to be passing by is permitted
to solicit business from any of the drivers involved in the accident.
Any wrecker at the scene may be used by the investigator to clear
the scene if traffic conditions preclude waiting for the authorized
wrecker; however, this may not authorize them to tow the vehicle from
the scene.
A.Â
Regular towing service.
(1)Â
Every person holding a license shall keep a record
of all details of each disabled vehicle towed, serviced, or transported,
together with full information concerning the service and the fee
charged.
(2)Â
This record shall indicate the date of towing, location
and the name and address of the owner and/or driver of the disabled
vehicle. The record book herein described shall be kept open for inspection
at all times by the Chief or any duly authorized representative of
the Chief.
B.Â
Vehicles impounded by the Police Department. All companies
on the towing list shall maintain a record regarding all vehicles
impounded at the request of the West Milford Police Department. For
example, abandoned vehicles, recovered stolen vehicles, or vehicles
held for investigation by the Department. This record shall be made
available to any police officer for inspection upon request and shall
contain the following information:
(1)Â
The date, time, location, and name of the wrecker
driver who towed the vehicle at the Department's request.
(2)Â
The name of the police officer who requested the vehicle
be impounded.
(3)Â
The physical location of the vehicle after being towed.
(4)Â
Identification of the impounded vehicle to include
make, year, model, vehicle identification number, license number and
name of registered owner, if known.
(5)Â
A vehicle impounded by the police shall not be released
without a written tow order release form authorizing said release.
(6)Â
A written record shall be kept or maintained by the
towing service indicating the name of the person releasing the vehicle,
the type of proof of ownership presented, and the name of the person
receiving said vehicle.
C.Â
It shall be the responsibility of the towing company
to obtain proper proof of ownership and identification prior to the
release of any vehicle. Release of any vehicle to an unauthorized
person by the towing company shall result in liability against such
company.
Wreckers licensed to perform towing service
under this chapter shall perform on a rotating basis, which rotating
list shall be limited to those approved wreckers having their garage
in the Township of West Milford. The Chief of Police is hereby authorized
to establish a system of rotation in the assignment of wreckers in
the area. Wreckers shall be assigned from the rotating list only.
No person shall respond to the scene of an accident except upon notification
by the officer in charge of police headquarters or upon request of
the driver or owner of the disabled vehicle.
The Police Department shall be responsible for
notifying the owner of an abandoned vehicle towed under this chapter
that his vehicle has been towed to the impound area. In the event
a towed vehicle is not removed within seven days by the owner, the
towing company shall be responsible for notifying the Police Department
of said situation. Failure of the contractor to notify the Police
Department as stated herein shall limit the storage charge to seven
days only. Thereafter it shall be the obligation of the contractor
to contact the owner or operator of a stored vehicle and furnish proof
to the Department that such attempt has been made. Failure to notify
the owner or operator shall cause the storage charges to end at 30
days. After an attempt to make contact or if contact is made, storage
charges will begin again for another 30 days. This procedure shall
be followed until storage fees reach a maximum of 90 days.
A.Â
The Township of West Milford Police Department shall,
at its sole judgment and uncontrolled discretion, arrange for public
sale of any vehicle which has been the subject of impoundment or when
the owner has failed to receive same. Such public sale shall be in
accordance with New Jersey State law.
B.Â
The Township of West Milford will not sell any vehicle
without having first received the proper authorization for the sale
as required by the New Jersey Division of Motor Vehicles in accordance
with state law.
C.Â
The proceeds from the sale of each vehicle shall be
applied to the payment of any towing and storage charges due per said
vehicle sold. Any surplus funds per each vehicle shall be disposed
of according to law. If the proceeds from such sale of a vehicle are
insufficient to pay the accrued towing or service charges for that
vehicle, the contractor agrees that there shall be no further liability
of the Township of West Milford to pay same (and any excess amounts
which may be due shall be waived).
D.Â
If no bids are received on a vehicle, then the contractor
shall receive title of such vehicle in lieu of any fees.
