[HISTORY: Adopted by the Mayor and Council of the Township
of North Brunswick 9-7-2010 by Ord. No. 10-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 330.
[1]
Editor's Note: This ordinance also repealed former Ch. 356,
Wreckers, adopted 9-15-2003 by Ord. No. 03-32.
No person shall be authorized to provide wrecker service within
the Township of North Brunswick without first obtaining a license
from the Township Clerk in accordance with this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual or a legally formed business entity which seeks
to obtain a license from the Township to furnish wrecker services
within the Township pursuant to this chapter.
A base of operation within the Township which is staffed during the normal business hours of 8:00 a.m. to 6:00 p.m., excluding holidays. Such storage facility shall be a secure facility, and if an outdoor facility, be lighted from dusk to dawn. The business must be clearly marked with signs identifying the name of the business and the hours of operation. The applicant must be the owner or principal tenant at the location, which shall include a permanent facility with an office, a patron waiting area, a restroom for patron use and a secured vehicle storage area which is contained within an enclosed building and/or a fenced-in area, as described in §§ 356-3C and 356-14 hereof, which shall be used for the storage of towed vehicles.
The storage by an operator of a towed vehicle which was delivered
to the storage yard by a wrecker as a result of the provision of wrecker
services for the vehicle, where such storage continues overnight or
for more than 12 hours from the time that a vehicle is removed from
the scene from which it was towed, whichever is longer (i.e., there
will be no storage charge for the same-day removal of a towed vehicle),
and such storage is unrelated to either any repairs or continuing
services which are being rendered by the operator at the request of
the vehicle's owner.
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a wrecker, but prior to the vehicle actually
having been moved or removed from the property.
A nonresidential building where motor vehicles can be sheltered,
stored, repaired and made ready for use.
The permit to perform wrecker services as hereinafter described.
The license is granted to a wrecker operator to provide these services
with those vehicles specified on the application for that wrecker
operator.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
Anyone who engages in the business of providing wrecker services
pursuant to this chapter or who operates a licensed wrecker.
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parking during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
The period of time between the arrival of a wrecker on the
scene to which it was called by the police and the time at which the
wrecker is actually permitted to commence its efforts to render any
required wrecker services. Waiting time shall not start earlier than
the 15th minute after the wrecker service arrives at the scene.
A vehicle licensed pursuant to this chapter which is used
to tow or remove other vehicles usually so damaged or disabled or
impounded that they cannot proceed under their own power and further
described herein.
Such roadside assistance as vehicle towing, transport, conveyance
or removal and/or storage services as are to be provided by a licensed
operator pursuant to this chapter.
A.
No person operating a wrecker shall operate a wrecker within the
Township of North Brunswick nor engage in the business of operating
or offering the services of a wrecker within the Township without
first obtaining the necessary licenses as hereinafter provided from
the Township Clerk. Every vehicle operating as a wrecker shall have
its own separate license, even though it is owned or operated by a
person having other validly licensed wreckers.
B.
Duration of license. All licenses issued under this chapter shall
expire on the last day of December of the year of issue.
C.
Application of license; required information; affidavit. Applications
for licenses issued hereunder shall be made upon printed forms prepared
and made available in the Township Clerk's office and shall state:
(1)
The complete legal name, trade name (if any), home address and proposed
or actual business address of the applicant, and whether the applicant
is the owner, lessee or bailee. In the event the applicant is a corporation,
the names, addressees and home telephone numbers of every person owning
10% or more of said corporation shall be listed.
(2)
An abstract of the driving history of each operator of a licensed wrecker and a listing of each criminal conviction of any such operator; a statement of any denial of any license or permit to operate a motor vehicle or a towing service for any person listed in Subsection C(1) by any other governmental body.
(3)
Evidence that the applicant has at least three years' experience
of providing properly insured towing services with references available.
(4)
Evidence that the applicant has a business location within the Township
of North Brunswick on which there is situated a permanent facility
and a secured, vehicle storage area which is contained within an outside
area surrounded by a chain link, stockade or other such type restrictive
fencing which is at least six feet in height. The storage area shall
be adequate for properly accommodating and protecting all motor vehicles
which may be towed. No operator will be permitted to store, place
or otherwise cause or permit any towed vehicles to be stored, placed,
parked or otherwise located upon any public property or any Township
street or any property which is not zoned for such storage, except
as may be specifically directed by the Township police in the course
of clearing a collision scene or in regard to an official investigation
or vehicle seizure. The entire storage area must be lighted during
the hours of darkness so that the interior of the storage area is
visible.
(5)
A certification from the Township's Zoning Officer that the business
location is a permitted use pursuant to Township ordinances.
(6)
A description of each vehicle operated as a wrecker, including year,
make, model, type, serial number and any other information which is
necessary or proper to effectuate the purpose of this chapter and
to determine whether the terms of this chapter have been satisfied.
A.
Investigation and inspection; approval or denial of application.
Upon receipt of an application as provided for herein, the Township
Clerk's office shall cause an investigation to be made of the applicant
and of the subject business location. Inspection of the business location
shall be made by both assigned police officers and code enforcement
officials of the Township. Said inspection shall be completed within
30 days. The Township Clerk's office may request assistance from the
Police Department through the Deputy Chief of Police or his or her
designee for the making and completion of such investigation and inspections,
or may delegate the inspections of the vehicles to an independent
person, who is not a wrecker operator, and who shall be qualified
by experience and training to make such inspection. An inspection
report for each vehicle shall be filed with the Township Clerk's office
and shall clearly indicate whether each vehicle complies with the
requirements and standards of this chapter as set forth herein.
B.
The Police Department of the Township of North Brunswick shall conduct
a thorough background check of the licensee, its officers, principals
and employees prior to the granting of a license within 30 days after
receipt of a completed application. A conviction for a disorderly
persons offense and/or a motor vehicle violation evidencing unsafe
driving habits or a disregard for the New Jersey Motor Vehicle Laws
will be considered ample reason to disqualify any applicant or a particular
employee. Each prospective licensee shall furnish with its application
executed background check waivers for all officers, principals and
employees in the form provided by the Police Department.
C.
A report shall be made to the Director of Police as to whether the
wrecker is in compliance with the requirements and standards of this
chapter.
D.
Upon completion of the investigation and inspection, the Director of Police shall forward a report of his or her findings and a proposed classification of the applicant as light-duty motor vehicle accident, light-duty miscellaneous, heavy-duty motor vehicle accident, heavy-duty miscellaneous or not qualified for the call list in accordance with the standards set forth in this chapter. The Township Clerk shall either refuse to approve the application or shall classify and refer the application to the governing body for approval pursuant to § 356-6 hereof and shall inform the applicant of his/her decision. If the application is approved, the applicant shall supply the Township Clerk with the insurance policies or certificates as required.
The licensee must, prior to the issuance of any license, deposit
with the Township Clerk the following insurance polices or certificates,
specifically naming the Township as an additional insured:
A.
Each operator shall maintain, during the term of its license, the
following minimum insurance coverages:
(1)
Public liability insurance covering personal injury and property
damage in the minimum amount of $750,000, each accident, single limit,
for light-medium-duty trucks.
(2)
Public liability insurance covering personal injury and property
damage in the minimum amount of $1,000,000, each accident, single
limit for heavy-duty trucks.
(3)
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.
(4)
Comprehensive general liability insurance, in an amount of not less
than $1,000,000 for personal injuries, per occurrence, and $1,000
for property damage, per occurrence, including premises operations
and products/completed operations.
(5)
Garage-keepers' and garage liability insurance, in an amount not
less than $100,000.
(6)
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.
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.
D.
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.
E.
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 Police Chief/designee. The suspension shall remain
in effect until such time as the insurance is restored.
F.
All wreckers on the Township's rotating call list shall name the
Township of North Brunswick as an additional insured and shall indemnify
and hold harmless the Township of North Brunswick from any claims
for injury or property damage arising out of, or in any way related
to, the operation of any tow truck, towing service or storage yard,
pursuant to this chapter. Proof of compliance with the requirements
of this section shall be evidenced by a certificate of insurance issued
by the insurance carrier at the time of application for the license.
The operator shall further defend the Township of North Brunswick,
at the operator's expense, in connection with any claim, suit or action
brought against the Township of North Brunswick, and arising out of
the operation of any tow truck, towing service or towing yard, pursuant
to this chapter.
The Clerk shall classify and refer an application to the governing
body for approval only when the following requirements have been met:
A.
The wreckers to be used, on inspection, meet with the required minimum
standards for the light-duty motor vehicle accident, light-duty miscellaneous
or heavy-duty motor vehicle accident or heavy-duty miscellaneous.
B.
Adequate proof of the applicant's ability to produce insurance policies
as required herein has been submitted.
C.
The applicant and proposed operators are properly qualified to operate
and conduct a wrecker service in the Township in accordance with the
requirements as are set forth in this chapter.
D.
All wrecker operators are currently licensed drivers by the State
of New Jersey and such license(s) is (are) not presently revoked or
suspended for any reason.
E.
The applicant is in compliance with all requirements of this chapter
and all other governing laws, statutes and ordinances.
F.
Each wrecker has been properly licensed and inspected by the State
of New Jersey and has the necessary stickers affixed thereto. No vehicle
shall be licensed as a wrecker which is using dealer's license plates
or which has failed the state inspection.
If the Township Clerk denies an application, a letter setting forth the reasons for the denial shall be sent by the Township Clerk's office by certified mail to the applicant within 72 hours of such decision. The applicant may thereafter request a hearing pursuant to § 356-25 hereof.
The application of any operator for a license pursuant to this
chapter shall imply an agreement by the operator that, upon the issuance
of a license, the licensee shall indemnify the Township of North Brunswick
against all statutory, common law or contractual claims of third parties
relating to any acts or services performed or rendered or which failed
to be performed or rendered by the licensee. Any formal agreement
to provide said indemnification shall be in such form as is approved
by the Township Attorney and shall be properly executed by the operator
and attested to by an authorized notary of the State of New Jersey.
As previously stated herein, the termination or expiration of
any of the insurance coverages which are required herein shall be
cause for the immediate suspension of a wrecker's license unless renewal
or replacement of such coverage is timely made in compliance with
the applicable requirements as are set forth hereinabove.
No licensee may use a color scheme or name, monogram or insignia
that would conflict with or, in the opinion of the Deputy Chief of
Police/designee, imitate any color scheme, monogram, name or insignia
used by any other person, firm, or corporation operating a tow truck
or a towing agency in such manner as to be misleading or tend to deceive
or defraud the public.
A.
Any person may apply for a license to provide light-duty wrecker
services as defined herein. The licensee must own/lease at least three
vehicles to qualify under this chapter, two of which must be flatbed
trucks and the third a conventional hydraulic wrecker.
B.
A light-duty wrecker shall be able to handle all makes of passenger
vehicles and small trucks, such as pickup, small-panel trucks and
small dump trucks (up to 12,000 pounds), and must have or be equipped
with the following:
(1)
A valid Motor Vehicles Commission ("MVC") registration and, if required,
a valid inspection certificate.
(2)
A valid MVC amber light permit.
(3)
Dual rear wheels.
(4)
The garage within the licensee's business location must be equipped
with a "Go Jacks" or a comparable device.
(5)
A power takeoff controlled winch with a minimum cable thickness of
3/8 inch or equivalent.
(6)
A comparable weight equal to the vehicles to be towed, with a minimum
of 5,500 pounds.
(7)
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.
(8)
All towing vehicles must have amber emergency lights mounted on each
wrecker so as to warn approaching traffic of their presence. The size
and locations of these amber lights must conform to the New Jersey
Motor Vehicle Commission standards.
(9)
All emergency flashing lights shall be such candlepower in intensity
as to be visible 1/4 mile away.
(10)
One fire extinguisher (five-pound carbon dioxide or dry powder).
(11)
One broom, a debris container and a shovel.
(12)
A minimum of five gallons of absorbent granules for cleaning
up fluid spills.
(13)
All wrecker operators and their agents and/or employees are
required to wear reflectorized traffic safety vests when working at
the scene.
(14)
Detachable light bar with running, stop and turn lights.
(15)
Dual rear wheels.
(16)
Mirrors on the wrecker must extend beyond the width of the vehicle
being towed to provide a clear line of sight.
Any person may apply for a license to provide heavy-duty wrecker
services as defined herein. The licensee must own/lease at least three
heavy-duty tow vehicles that are hydraulic in nature to qualify under
this chapter. In addition, the following equipment is also required:
A.
Dual rear wheels.
B.
Manufactured rating gross vehicle weight of 40,000 pounds. Manufactured
rating may be obtained from the factory where the truck originates.
Other written evidence of gross vehicle weight may be accepted, if
verified.
C.
Power takeoff controlled winch with a minimum cable thickness of
5/8 of an inch.
D.
All towing vehicles must have amber emergency lights mounted on each
wrecker so as to warn approaching traffic of their presence. The size
and locations of these amber lights must conform to the New Jersey
Division of Motor Vehicle standards.
E.
All lights shall be of such candlepower in intensity as to be visible
1/4 of a mile away.
F.
One-half-inch safety chain. The lift chain and the safety chain are
not to be attached in any form or manner on the same part of the wrecker.
G.
Air brakes.
H.
Connecting air lines for connection with the air compressor and air
brake lines of the towed vehicle.
I.
Detachable light bar with running, stop and turn lights.
J.
One fire extinguisher (five-pound carbon dioxide or dry powder).
K.
One broom, shovel and debris container.
L.
A minimum of 10 gallons of absorbent granules for cleaning up fluid
spills.
M.
Must be equipped with portable lighting equipment when required.
N.
All wrecker operators and their agents and/or employees are required
to wear reflectorized traffic safety vests when working at the scene.
O.
In the event that a recovery of a heavy-duty vehicle is warranted,
the responding tow company shall assign a recovery supervisor to the
scene who must have obtained a Level 3 national driver license certification
or equivalent within nine months of availability and must have received
training in an industry-recognized course. Although all personnel
on the recovery scene do not need recovery training, each recovery
supervisor must meet the listed requirements.
P.
One three-stage hydraulic crane with a minimum lifting capacity of
45 tons, one hydraulic low-boy trailer capable of holding trucks or
buses with a minimum of 46 feet in length, one fifth-wheel unit and
one enclosed trailer at least 40 feet in length along with air cushion
recovery system, including starter cushions, with motor-driven air
pump, with a lifting capacity of 100,000 pounds. This provision shall
not apply to any tower exempt from these requirements pursuant to
a court order or stipulation previously executed.
The Director shall maintain due vigilance over all wreckers to see that they are kept in a safe condition for transporting and towing vehicles and shall have the right at all times to inspect all licensed wreckers and shall maintain a record, in writing, of the report of all inspections. If at any time the Director of Police or his or her designee shall find the equipment inadequate or unsafe, or that the licensee has violated any subsections of this chapter, including, without limit, the charging of fees or the requirements relative to the type of facilities or the amount of space which is to be available for accommodating and storing motor vehicles, the Director of Police or his or her designee shall have the power to demand immediate correction, and if not corrected promptly and properly, shall then have the power to issue a notice of violation and violation in accordance with § 356-25 hereof.
A.
The wrecker shall be responsible for any damages occurring to a vehicle
due to the wrecker's negligence after the wrecker has taken possession
of same and until the owner or his or her representative reassumes
possession.
B.
Each light-duty storage facility must be of sufficient size to accommodate
at least 15 vehicles at the business location. Each business location
must contain at least 3,000 square feet of usable vehicle storage
space, whether indoors or within a secured fenced-in area, or both.
Each heavy-duty storage facility must be of sufficient size to accommodate
at least three tractor trailers at the business location.
C.
All storage facilities must have office personnel normally available
on site to arrange for the release and return of stored vehicles from
8:00 a.m. to 6:00 p.m., Mondays through Fridays, excluding holidays.
A wrecker shall provide reasonable accommodations for after-hours
release of stored vehicles and, pursuant to N.J.A.C. 13:45A-31.7(c),
a wrecker that does not release a vehicle to its owner during normal
business hours (i.e., 8:00 a.m. to 6:00 p.m.) shall not charge a fee
for after-hours release.
D.
It is recognized by the Township that the wrecker's yard may be utilized
for purposes other than the needs of the Township. However, the wrecker
will be required to keep available enough space to meet the prescribed
license requirements at all times.
E.
When the Township directs the wrecker company to tow and place in storage a motor vehicle found abandoned, the rules and regulations prescribed in N.J.S.A. 39:10A-1 shall apply. The Township will use its best efforts to assist in the disposal of the abandoned vehicle within the time frames prescribed under state statute. Fees for the storage of such abandoned vehicles towed at the direction of the Township shall be paid in accordance with § 356-21A(1)(d) hereinbelow in accordance with the rates established by N.J.S.A. 40:48-2.50.
A.
The Township of North Brunswick shall hold public auctions of towed
and stored motor vehicles that have been deemed abandoned pursuant
to the terms and regulations set forth in N.J.S.A. 39:10A-1 at least
three times in given calendar year.
B.
Prior to the time of any public auction, operators of facilities storing towed vehicles shall allow the public to inspect the vehicles to be sold at such public auction. Any operators of a facility storing towed vehicles who takes any actions to impede, delay, defer, prohibit or interfere with the inspection of such vehicles for public auction shall be subject to the penalties provided in § 356-15D hereinbelow.
C.
Operators of facilities storing towed vehicles shall cooperate and
comply with all noticing provisions promulgated by N.J.S.A. 39:10A-1
as follows:
(1)
When the Township shall have noticed the owner of a towed vehicle,
after verification of the owner from the Chief Administrator of the
Motor Vehicle Commission, the Township shall also notify the operator
of the facility storing the said abandoned motor vehicle, which notice
shall be given by telephone, mail, facsimile or electronic notification,
and such notice shall include the name and address of the owner of
record and the holder of any security interest in the stored motor
vehicle.
(2)
Upon receipt of such notice from the Township, the operator of the
facility storing the abandoned vehicle shall provide notice to the
owner of record and to any security interest holder in the following
manner:
(a)
The notice shall be by first class mail, with a certificate
of mailing, and shall include a schedule of the costs imposed for
storing the motor vehicle and instructions explaining how the owner
of record or the security interest holder may claim the stored motor
vehicle.
(b)
Storage fees.
[1]
Except as provided in § 356-15C(2)(c) below, if the operator of a facility storing such abandoned motor vehicle fails to provide such notice to the owner of record and to the security interest holder within 30 days of the date on which the storer of the vehicle received the notice required from the Township pursuant to N.J.S.A. 39:10A-1(4), the maximum amount that operator of a storage facility may charge the owner of record or the security interest holder for storing such motor vehicle shall be $750 for private towing, provided that the owner of record or security interest holder submits a proper claim for the vehicle not later than the 30th day following the date the notice is delivered from the Township to the operator of a facility storing such motor vehicle.
[2]
Storage fees to be paid by the Township for towing and storage
of vehicles undertaken at the request of the Police Department shall
commence at 12:01 a.m. on the day following the date of the tow as
follows:
[a]
A limit of $3 per day for the first 30 days of
storage per vehicle.
[b]
A limit of $2 per day for the 31st day of storage
and any day thereafter.
[c]
A limit of $400 per vehicle stored regardless of
the duration of the storage, except that a waiver may be granted for
good cause by the Division of Local Government Services in the Department
of Community Affairs upon the request of the Township.
(c)
Should a vehicle be abandoned due to the death or incapacitation
of the driver or any passenger, the operator of a facility storing
such vehicle shall charge the owner of record or the security interest
holder no more than $100 for the first 72 hours after such vehicle
is placed on the premises.
(d)
If the owner of record or security interest holder fails to
submit a proper claim for the vehicle on or before that 30th day,
the operator of the facility storing such motor vehicle may charge
the security interest holder reasonable costs for the removal and
storage of the motor vehicle. If the notice is properly provided by
the person storing the motor vehicle, the operator of the storage
facility may charge the owner of record or the security interest holder
reasonable costs for the removal and storage of the motor vehicle
from the date the operator removed and stored the motor vehicle.
(e)
The operator of the storage facility may assess the security
interest holder for the actual costs of providing the required notice.
(3)
The Township will use its best efforts to assist in the disposal
of the abandoned vehicle within the time frames prescribed in N.J.S.A.
39:10A-1.
D.
Violations and penalties.
(1)
Failure of the operators of facilities storing towed vehicles to comply with the provisions of this § 356-15, Public auction of abandoned motor vehicles; notices required, and of N.J.S.A. 39:10-1 et seq., or to take any actions to impede, delay, defer, prohibit or interfere with the inspection of vehicles for public auction, or with the public auction of abandoned vehicles by the Township of North Brunswick, shall be deemed a violation of this § 356-15, and shall, upon conviction in the Municipal Court of the Township, be subject to a fine not exceeding $2,000 or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge.
A wrecker license hereunder shall be issued subject to the following
conditions whereby no person owning or operating a wrecker or other
towing vehicles shall:
A.
No person owning or operating a wrecker or other towing vehicles,
while waiting for assignment, shall stand at any public street or
intersection or any public or private property, other than his or
her own, without first obtaining the consent of the police officer
in charge (of clearing the accident scene or of removing any disabled
vehicles) or from the owner of the property.
B.
No person owning or operating a wrecker licensed under this chapter
shall permit or invite loitering within or near his or her wrecker.
C.
No person shall solicit or attempt to divert prospective patrons
of another wrecker nor shall he/she solicit or divert prospective
patrons of a requested garage in the Township to another garage.
D.
No person shall solicit, demand or receive from a person any commission
or fee except the proper fee for transporting the vehicle.
E.
No person shall intercept police calls by radio or obtain information
as to the location of the scene of an accident or disabled vehicle
by means of interception of police radio calls for the purpose of
procuring towing business.
F.
Offer or pay any gratuity, tip or emolument to any third person or
to any police officer or Township employee for any information as
to the location of any accident or disabled vehicle or for soliciting
the employment of services described herein. The provisions of this
section shall apply to the operation of any wrecker on the streets
of the Township, whether such wrecker is licensed or unlicensed, and
without regard to whether or not the owner, operator or licensee of
such wrecker is engaged in the business of operating a wrecker within
the Township.
G.
The licensee who is called to the scene of an accident or other type
incident shall be required to clean up the debris at the scene of
the incident or accident, to the satisfaction of the police officer
in charge at the scene.
H.
Seek employment by repeatedly and persistently driving a wrecker
to and from 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.
I.
Fail, when requested by the owner or operator of a vehicle subject
to nonconsensual towing, to release a vehicle to the owner or operator
that has been, or is about to be, hooked or lifted but has not actually
been moved or removed from the property when the vehicle owner or
operator returns to the vehicle, or, to charge the owner or operator
requesting release of the said vehicle an unreasonable or excessive
decoupling fee. Such fee shall be presumptively unreasonable and excessive
if it exceeds by more than 25% of the usual and customary decoupling
fee charged by the towing company for consensual towing, or if it
exceeds by more than 50% of the usual and customary fee charged for
nonconsensually towed vehicles.
J.
Charge a fee for a private property or other nonconsensual towing
or related storage service not listed on the schedule of services
for which a fee may be charged as established by the Director of the
Division of Consumer Affairs.
K.
Charge an unreasonable or excessive fee, such fee shall be presumptively
unreasonable and excessive if it exceeds by more than 25% of the usual
and customary decoupling fee charged by the towing company for consensual
towing, or if it exceeds by more than 50% of the usual and customary
fee charged for nonconsensually towed vehicles.
L.
Refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services a debit card, charge card or
credit card if the operator ordinarily accepts such card at its place
of business, unless the motorist is unable to provide valid identification
or if the operator has a bona fide reason to believe the card or other
identification is fictitious, altered, stolen, expired or revoked.
M.
Monitor, patrol, or otherwise surveil a private property for purposes
of identifying vehicles parked for unauthorized purposes and towing
a motor vehicle parked for an unauthorized purpose from such private
property without having been specifically requested to tow such vehicle
by the owner of the property.
N.
A wrecker operator shall not remove any vehicle from the scene without
proper authorization from the police officer in charge.
O.
A wrecker operator's drivers shall not turn around, back up, tow
in the opposite direction of normal traffic flow, cross a median or
otherwise operate to obstruct or to create a potentially hazardous
traffic condition unless directed to do so by the police officers
present at the scene and under their direction and supervision.
P.
Prior to the time of any public auction, operators of facilities storing towed vehicles shall allow the public to inspect the vehicles to be sold at such public auction. Any operators of a facility storing towed vehicles who take any actions to impede, delay, defer, prohibit or interfere with the inspection of such vehicles for public auction shall be subject to the penalties provided in § 356-15D hereinabove.
A.
Every wrecker that performs private property or other nonconsensual
towing shall retain and make available all invoices, job orders, logs,
claims for reimbursement from insurance companies and other documentation
relating to all consensual and nonconsensual towing services performed
and the rates charged for such services for a period of three years.
B.
Every wrecker shall keep a copy of the motor vehicle tow report,
which shall be prepared by or at the direction of the North Brunswick
police officer in charge of the scene. Said report shall assign an
incident number; indicate the date and time that the vehicle was towed,
serviced or transported; indicate a reason for the towing; state the
make, model and color of the vehicle; the vehicle's license plate
and state of registration; the name and address of the owner of the
vehicle; and state the name and badge number of the officer who directed
the tow.
A.
The commanding officer of the Traffic Division of the North Brunswick
Police Department shall call for a register to be kept of the names
of all those owning or operating wreckers licensed under this chapter,
together with the license number and the description of such wreckers,
and the date and complete record of inspection made of each of them.
B.
All operators must have a currently valid New Jersey driver's license
and maintain a safe driving record.
A.
Each application for either a light-duty or a heavy-duty license
shall be accompanied by an application fee of $125, plus an inspection
fee of $50, for each type of license requested.
[Amended 3-15-2021 by Ord. No. 21-01]
B.
The purpose of these fees is to cover the actual cost to the Township
for inspection and administration of this licensing program.
[Amended 11-1-2010 by Ord. No. 10-32; 4-7-2014 by Ord. No. 14-02; 5-4-2020 by Ord. No. 20-12]
A.
As for wrecker services provided, other than as covered by § 356-20A preceding, service charges shall not exceed the following rates:
(1)
The following is the fee schedule for light-duty towing services:
(a)
Light duty, all passenger vehicles.
[Amended 5-4-2020 by Ord.
No. 20-12; 3-15-2021 by Ord. No. 21-01]
[1]
Monday through Friday, 6:00 a.m. to 6:00 p.m.: $175.
[a]
Each additional mile outside North Brunswick Township
but within the State of New Jersey when the tower agrees to tow outside
the Township: $5.50.
(b)
Light duty, all vehicles registered between 6,001 pounds and
12,000 pounds.
[Amended 5-4-2020 by Ord.
No. 20-12; 3-15-2021 by Ord. No. 21-01]
[1]
Monday through Friday, 6:00 a.m. to 6:00 p.m.: $215.
[a]
Each additional mile outside North Brunswick Township
but within the State of New Jersey when the tower agrees to tow outside
the Township: $6.60.
[b]
For each additional person from the wrecker entity
after the first person, the wrecker service shall be permitted to
charge at the rate of $88.80 per hour per additional person.
[2]
Monday through Friday, 6:01 p.m. to 5:59 a.m.: $235.
[a]
Each additional mile outside North Brunswick Township
but within the State of New Jersey when the tower agrees to tow outside
the Township: $6.60.
[b]
For each additional person from the wrecker entity
after the first person, the wrecker service shall be permitted to
charge at the rate of $88.80 per hour per additional person.
[3]
Weekends and holidays: $235.
[a]
Each additional mile outside North Brunswick Township
but within the State of New Jersey when the tower agrees to tow outside
the Township: $6.60.
[b]
For each additional person from the wrecker entity
after the first person, the wrecker service shall be permitted to
charge at the rate of $88.80 per hour per additional person.
(c)
Storage fees shall commence at 12:01 a.m. on the day following
the date of the tow.
[Amended 5-4-2020 by Ord.
No. 20-12]
(d)
Storage fees to be paid by the Township for towing and storage
of vehicles undertaken at the request of the Police Department shall
commence at 12:01 a.m. on the day following the date of the tow as
follows:
[Amended 5-4-2020 by Ord.
No. 20-12]
[1]
A limit of $3 per day for the first 30 days of storage per vehicle.
[2]
A limit of $2 per day for the 31st day of storage and any day
thereafter.
[3]
A limit of $400 per vehicle stored regardless of the duration
of the storage, except that a waiver may be granted for good cause
by the Division of Local Government Services in the Department of
Community Affairs upon the request of the Township.
(e)
Miscellaneous services, not to exceed:
[1]
Start vehicle: $66.
[2]
Flat tire: $66.
[3]
Out of gas (does not include cost of gas): $66.
[4]
Winching: $66 per 1/2 hour or any portion thereof.
[5]
Cleanup materials. This item is to be a separate line item and
itemized on each bill that its use is required. Reasonable rates are
encouraged when billing for this item. When Speedi-Dry is used as
a cleanup material, a fee of $15 per bag is authorized.
[6]
A one-time yard charge for each visit or request may be charged
for the following, but not limited to: car cover; photographs; administrative;
placing any vehicle on a public street adjacent to it for the vehicle's
removal; vehicle estimate requested by the owner or third-party insurance
carrier (includes time with appraiser); removal of personal property
from the subject vehicle (up to 15 minutes): $20.
(2)
The
following is the fee schedule for heavy-duty towing services:
(a)
Heavy-duty towing.
[1]
Conventional tow, 12,000 pounds to 25,000 pounds: $192.50.
[2]
Conventional tow, 25,001 pounds to 55,000 pounds: $330.
[3]
Conventional tow, 55,001 pounds to 80,000 pounds: $495.
[4]
Conventional tow, bus coach: $495.
[5]
Nights, weekends and holidays: additional: $82.50.
[6]
Per mile outside North Brunswick Township (all tolls additional):
$11.
[7]
Extra-heavy-duty tilt bed low-boy tractor and trailer: $385
per hour.
[8]
Winching: $385.
[9]
Remove bumper: $33.
[10]
Connect air line: $27.50.
[11]
Remove axle: $27.50 per hour.
[12]
Remove drive shaft: $38.50.
[13]
Remove air scoop: $49.50.
[14]
Remove exhaust pipes: $33.
[15]
Cage brake chambers: $27.50 per hour.
[16]
Extra men, per hour, per man: $88.80.
[17]
Cleanup materials. This item is to be a separate
line item and itemized on each bill that its use is required. Reasonable
rates are encouraged when billing for this item.
[18]
A one-time yard charge may be charged for the
following, but not limited to: car cover; photographs; administrative;
placing any vehicle on a public street adjacent to it for the vehicle's
removal; vehicle estimate requested by the owner or third-party insurance
carrier (includes time with appraiser); removal of personal property
from the subject vehicle (up to 15 minutes): $45.
B.
Every operator of a wrecker shall give the owner of the vehicle a
written receipt for the fee paid, when requested, in accordance with
the rates posted for the services which are required or directed to
be rendered.
C.
No wrecker shall charge an unreasonable fee for their services. Fees
shall be presumed to be unreasonable if they exceed 25% of the usual
and customary fee charged for consensual towing and related storage
services, or 50% of the usual and customary fees for nonconsensual
towing and related storage services by towing and storage companies
operating within the Township.
No driver, operator, owner or licensee of any wrecker shall:
A.
Engage in cruising as defined herein.
B.
Seek employment by repeatedly and persistently driving a wrecker
to and from 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.
At the scene of an accident, park a wrecker on any public street
or intersection, or any public or private property, other than his
or her own, without first obtaining the consent of a police officer
or the owner of the property.
D.
Solicit or attempt to divert prospective patrons of another wrecker
or divert prospective patrons of one garage to another.
E.
Solicit, demand or receive any commission or fee from any person
except the proper fee for service to and transportation of a disabled
vehicle.
F.
Offer or pay any gratuity, tip or emolument to any third person or
to any police officer or Township employee for any information as
to the location of any accident or disabled vehicle or for soliciting
the employment of services described herein. The provisions of this
section shall apply to the operation of any wrecker on the streets
of the Township, whether such wrecker is licensed or unlicensed, and
without regard to whether or not the owner, operator or licensee of
such wrecker is engaged in the business of operating a wrecker within
the Township.
G.
Fail, when requested by the owner or operator of a vehicle subject
to nonconsensual towing, to release a vehicle to the owner or operator
that has been, or is about to be, hooked or lifted but has not actually
been moved or removed from the property when the vehicle owner or
operator returns to the vehicle, or, to charge the owner or operator
requesting release of the said vehicle an unreasonable or excessive
decoupling fee. Such fee shall be presumptively unreasonable and excessive
if it exceeds by more than 25% of the usual and customary decoupling
fee charged by the towing company for consensual towing, or if it
exceeds by more than 50% of the usual and customary fee charged for
nonconsensually towed vehicles.
H.
Charge a fee for a private property or other nonconsensual towing
or related storage service not listed on the schedule of services
for which a fee may be charged as established by the Director of the
Division of Consumer Affairs.
I.
Charge an unreasonable or excessive fee, such fee shall be presumptively
unreasonable and excessive if it exceeds by more than 25% of the usual
and customary decoupling fee charged by the towing company for consensual
towing, or if it exceeds by more than 50% of the usual and customary
fee charged for nonconsensually towed vehicles.
J.
Refuse to accept for payment in lieu of cash or an insurance company
check for towing or storage services a debit card, charge card or
credit card if the operator ordinarily accepts such card at its place
of business, unless the motorist is unable to provide valid identification
or if the operator has a bona fide reason to believe the card or other
identification is fictitious, altered, stolen, expired or revoked.
K.
Monitor, patrol, or otherwise surveil a private property for purposes
of identifying vehicles parked for unauthorized purposes and towing
a motor vehicle parked for an unauthorized purpose from such private
property without having been specifically requested to tow such vehicle
by the owner of the property.
L.
Prior to the time of any public auction, operators of facilities storing towed vehicles shall allow the public to inspect the vehicles to be sold at such public auction. Any operators of a facility storing towed vehicles who take any actions to impede, delay, defer, prohibit or interfere with the inspection of such vehicles for public auction shall be subject to the penalties provided in § 356-15D hereinabove.
A.
All requests for towing or wrecking service made by the Police Department
shall be by rotation. The Department shall maintain four rotating
call lists: 1) light-duty motor vehicle accident; 2) light-duty miscellaneous;
3) heavy-duty motor vehicle accident; and 4) heavy-duty miscellaneous.
The Department shall, depending upon the vehicle(s) to be towed, call
the wrecker service from the appropriate list by rotation within said
list. When, however, the owner or driver of the disabled motor vehicle
indicates a choice of a specific wrecker owner, that wrecker owner
should be called, and no wrecker shall be assigned from the rotating
list.
B.
The rotation system shall be conducted in the following manner:
(1)
The Township Clerk shall compile four lists of all licensees as provided
in this chapter designated as follows:
(a)
Light duty.
[1]
Light-duty motor vehicle accident: vehicles having a gross vehicle
weight of 12,000 pounds or less towed as a result of a motor vehicle
accident.
[2]
Light-duty miscellaneous: vehicles having a gross vehicle weight
of 12,000 pounds or less towed for impounds, disabled road service,
vehicle fires or other reasons.
(b)
Heavy duty.
[1]
Heavy-duty motor vehicle accident: vehicles having a gross weight
of 12,001 pounds or greater towed as a result of a motor vehicle accident.
[2]
Heavy-duty miscellaneous: vehicles having a gross weight of
12,001 pounds or greater towed for impounds, disabled road service,
vehicle fire or other reasons.
(2)
The original and annual public reporting of the current lists of
designated towing contractors containing the company name, address,
telephone number and maximum towing fees shall be printed and circulated
in the municipality or county as appropriate. 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 motor vehicle accident,
light-duty miscellaneous, heavy-duty motor vehicle, heavy-duty miscellaneous,
or all if 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 which shall be assigned to the same areas, 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
for the area concerned will be called. After being summoned, such
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. If, pursuant
to the rules and regulations for rotation of wreckers adopted under
this chapter, the Police Department summons a wrecker to the scene
of an accident for the purpose of removing a vehicle and the owner
of the disabled vehicle declines to use the services of the wrecker
summoned and indicates that he or she prefers to have the vehicle
handled by another wrecker, the officer in charge shall authorize
the summoned wrecker to go to the garage designated by the owner of
the disabled vehicle. In any event, the summoned wrecker shall be
entitled to collect towing charges from either the owner of the disabled
vehicle or the owner of the garage to which the vehicle is towed at
the discretion of its owner.
D.
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.
E.
Any wrecker company unable to respond to four or more police requests
per month may be subject to removal from the approved list.
F.
After being requested by a dispatcher or desk officer of the Police
Department, approved wrecker operators shall respond to the scene
within 20 minutes between the hours of 7:00 a.m. and 6:00 p.m., Monday
through Friday, except state holidays, and within 25 minutes at all
other times, unless such response time is prevented by extraordinary
conditions of weather or other extraordinary circumstances resulting
in obstruction of general access to the scene.
G.
A wrecker operator shall immediately dispatch a wrecker when requested
by the desk officer to respond to an emergency situation.
Any person having a grievance against a licensee under this
chapter may seek redress in the following manner:
A.
Complaints.
(1)
All complaints shall be filed, during normal operating hours, with
the Deputy Chief of Police. The complaint will set forth with particularity
all relevant facts and documentation upon which the complaint is based
and must contain an affidavit verifying the facts contained therein
to be true and accurate. The complainant may request a hearing before
the Deputy Chief of Police with regard to the subject matter of this
complaint.
(2)
The Police Department shall forward all complaints to the Division
of Traffic and Safety, which shall review such complaints, and file
a recommendation with the Deputy Chief of Police within 15 days of
receipt of the complaint.
(3)
The Chief will conduct a hearing and render a decision within 45
days from the date the complaint was filed.
B.
Appeals.
(1)
The complainant may appeal the decision made by the Deputy Chief
of Police, provided that said appeal is filed within 10 days following
the issuance of the decision.
(2)
All appeals shall be filed with the Business Administrator. Said
Administrator shall review the case based upon the record before the
Deputy Chief of Police and issue a decision within 30 days.
A.
If any of the provisions of this chapter are alleged to have been
violated or if an application is denied, the licensee or applicant
shall be notified of any noncompliance or denial by registered mail.
B.
The notice shall state the specific provision(s) of this chapter
which it is alleged has been violated or the reasons for denial of
any application.
C.
In the event of a violation notice, the notice shall further state
that, upon request, if made by the licensee within 15 days of the
receipt of said notice, the official issuing the notice of violation
shall meet with the licensee to discuss the basis for the determination
that a violation exists and any proposed means of eliminating any
violations. That meeting shall take place within 30 days of said request.
Following any such meeting, the official issuing the notice of violation
may rescind the notice if it is determined that there was no violation
or in the event the alleged violation is otherwise eliminated. The
official may also grant time for the correction of any violation upon
request.
D.
If, within 30 days after mailing the notice of violation, or within 30 days after the aforesaid meeting, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, the licensee has failed to correct the violation or reason for noncompliance, the licensee shall be penalized in accordance with this § 356-26.
E.
A licensee or applicant may appeal from a decision to impose a penalty
or a decision not to grant a license within 15 days of the date of
receipt of a penalty notice or a notice that a license has not been
granted. The licensee or applicant shall file a letter of appeal from
the decision and request a hearing before the Township Council. Upon
receipt of such letter of appeal, the Township Council shall, by resolution,
appoint a hearing officer to hear and determine the appeal and set
a date for a hearing. The hearing officer shall schedule a hearing
not less than 10 nor more than 30 days from the date of service of
the complaint.
Notwithstanding the penalties provided for violations of § 356-15, the following shall apply for violations of this chapter as follows:
A.
Rotating call list licensees. Rotating call list licensees shall
be subject to the following penalties:
(1)
For a violation of any provision of this wrecker chapter, except
wrecker response time limits:
(a)
First violation in any given calendar year will result in a
warning letter.
(b)
Second violation in any given calendar year may result in a
suspension not greater than 15 days from the rotating call list.
(c)
Third violation in any given calendar year may result in a suspension
from the rotating call list not greater than for a period for the
remainder of the calendar year or for 90 days, whichever is greater.
(d)
Fourth violation in any given calendar year shall result in
the permanent removal from the rotating call list on a permanent basis.
(2)
For a violation of the wrecker response time limits:
(a)
First violation in any given calendar year may result in a warning
letter.
(b)
Second violation in any given calendar year may result in a
suspension not greater than seven days from the rotating call list.
(c)
Third violation in any given calendar year may result in a suspension
not greater than 28 days from the rotating call list.
(d)
Fourth violation in any given calendar year may result in a
suspension from the rotating call list not greater than for a period
for the remainder of the year or for 56 days, whichever is greater.
(e)
Fifth violation in any given calendar year shall result in the
permanent removal from the rotating call list on a permanent basis.
B.
All other operators.
(1)
For violations of any provision of the wrecker chapter, all operators
and/or owners of wreckers not on the rotating call list shall, upon
conviction, be subject to a fine not exceeding $2,000 or imprisonment
or community service for a term not to exceed 90 days, or by both
such fine and imprisonment or community service, in the discretion
of the Municipal Court Judge.
(2)
The continuation of any violations of this chapter on each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation(s) may be
punished as provided above for each separate offense.
The municipal officers and/or agencies designated to enforce
the provisions of this chapter in accordance with due process of law
are the North Brunswick Township Police Deputy Chief/designee and
the North Brunswick Township Zoning Officer and Code Enforcement Officers,
where applicable.
This chapter shall become effective immediately upon publication
of appropriate notice of the adoption of this chapter and shall be
applicable to each existing licensee at the time of renewal of such
license. Any person who has a valid unexpired license which was issued
in accordance with the previous ordinance may continue to operate
under such license, but shall be subject to all of the provisions
of this chapter, except for such provisions as only address the requirements
and procedures for the issuance of a wrecker's license pursuant to
this chapter.
