[HISTORY: Derived from Chapter 20.1 of the
1974 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An individual, firm, partnership, association, corporation
or other entity, including the singular or plural.
A motor vehicle equipped and/or employed for the purpose
of towing, transporting, conveying and/or removing vehicles which
are not capable of being operated or are not actually being operated
under their own power or are otherwise disabled; any person engaged
in or employed by a business of operating a wrecker.
There is hereby established a system in the
Borough of Garwood whereby licensed wreckers shall be engaged.
A.
The Chief of Police shall provide for the licensing
of wreckers as set forth in this chapter.
B.
Except as otherwise provided in this chapter, wrecker
services in the Borough of Garwood shall be provided only upon the
call of the Garwood Police Department which shall be based upon a
rotating list of the licensed wreckers established by the Chief of
Police.
A.
No wrecker shall operate within the Borough of Garwood
without having first applied for and obtained a license from the Chief
of Police of the Borough of Garwood.
B.
The prohibition of nonlicensed wreckers shall not
apply to a wrecker specifically called by the owner or operator of
a disabled vehicle for the purpose of removing the vehicle from the
Borough of Garwood, provided that the Police Department shall retain
the power to call a licensed wrecker with respect to any vehicle which,
in the sole discretion of any police officer on the scene:
(1)
Obstructs a public right-of-way or private property.
(2)
Presents a fire or safety hazard or a nuisance.
(3)
Bears no discernible registration or identification
data.
(4)
Is unregistered.
(5)
Is violating any emergency no parking provision or
regulations, or is violating any other parking prohibition for which
towing away is permitted by law.
C.
The annual fee for such license shall be $100 per
calendar year, which fee shall not be prorated.
Application for a license issued hereunder shall
be made upon forms prescribed by the Chief of Police, signed by the
applicant under oath. The application shall contain:
A.
A statement as to the form of business entity, that
is, sole proprietorship, partnership, corporation or other type of
entity.
B.
As to any sole proprietorship, the name and home address
of the owner of the business.
C.
As to any partnership, corporation or other entity,
the full names, home addresses and telephone numbers of each and every
person owning or controlling an interest in the business of 10% or
more, with the percentages of ownership of each such person listed.
D.
The trade, business or corporate name under which
the wrecker business is conducted, the business address and business
telephone number.
E.
A listing and description of each wrecker owned by
the applicant to be used in the Borough of Garwood, including the
make, model, year, type, description, serial number and plate number.
F.
A description, which may be in the form of a plot
plan or survey, describing the space available to the applicant to
properly accommodate and store vehicles to be towed or otherwise removed.
The space available shall be identified by street address and by tax
map lot and block number. The applicant shall either certify that
it owns the property or shall provide a copy of a written lease for
the property, the duration of which shall include the calendar year
for which the license is sought.
G.
A certificate of insurance of the type and in the
amounts prescribed by this chapter, providing for notice of cancellation
of any such policy to be provided to the Borough of Garwood in advance
of any such cancellation.
H.
Such other information as may be required by the Chief
of Police.
A.
No person shall be licensed as a wrecker in the Borough
of Garwood unless he shall first obtain and keep in force with an
insurance company licensed to do business in the State of New Jersey:
B.
The Borough of Garwood shall be designated as an additional
insured on said policies with respect to activities conducted by the
licensee in and at the request of the Borough of Garwood.
C.
In the event that the insurance required shall be
canceled or otherwise lapse, any license granted shall be suspended
or revoked until such time as proof of insurance as set forth hereunder
is provided.
[Amended 7-11-2017 by Ord. No. 17-11]
The Chief of Police shall investigate each application. All
owners of each wrecker business shall be considered an applicant.
The Chief shall grant a license if it is determined that:
A.
The applicant is at least 18 years of age.
B.
The applicant is a reputable person.
C.
The applicant has not, in the 10 years last past preceding the date
of the application, been convicted of a crime or of any offense involving
moral turpitude.
D.
The applicant has suitable, secure storage facilities, adequate to
meet the needs of the Borough of Garwood, within the Borough of Garwood
or within five miles of the Garwood municipal boundary.
E.
The applicant owns suitable equipment and has the ability to respond
and to provide the services required under this chapter.
F.
The application otherwise complies with this chapter and with applicable
law.
Licensed wreckers shall observe the following
rules, regulations and standards:
A.
Wrecker services must be provided on a twenty-four-hour,
seven days a week basis.
B.
The licensed wrecker shall respond to the scene upon
the request of the Police Department within 15 minutes. If a licensee
refuses to respond or fails to respond within that time, then the
next licensee on the rotational list shall be called. Additionally,
all incidents of failure or refusal to respond shall be reported to
the Chief of Police, who shall review the incident. The Chief of Police
may revoke the license of any wrecker failing to respond. The licensee
shall not be considered to have refused to respond if the call involves
extraordinary services, such as a flatbed truck, which the licensee
does not have the facilities to perform.
C.
The licensee shall provide access to towed vehicles
by the Police Department and by the vehicle owners or their designees
between the hours of 9:00 a.m. and 6:00 p.m. weekdays. The licensee
shall also provide the means for owners of vehicles to obtain possession
of same on weekends.
D.
When called to the scene of an accident, the licensee
shall clear the roadway of all debris generated by the accident.
E.
The licensee shall display the current rate schedule
promulgated by the Borough of Garwood in a conspicuous area in its
place of business.
F.
Licensees shall provide itemized charges and receipts
for payment of services to all customers, whether requested or not,
specifying each charge and the basis thereof.
G.
No licensee shall utilize dealer plates on any wrecker.
H.
All licensees shall store all vehicles towed or otherwise
removed from the Borough of Garwood in storage facilities as set forth
in this chapter, within the Borough of Garwood or within 1/4 mile
of its municipal boundary.
I.
No licensee shall impose any charge for any service
specified in this chapter in excess of the rates and charges set forth
herein.
J.
Each licensee shall maintain a record book kept solely
for such purpose of the details of each service provided pursuant
to this chapter, including the date and time of each call, the name
and address of the owner of the vehicle, the name of the agent or
employee of the licensee performing the service, and the nature and
extent of the services provided. These records shall be maintained
for at least six years by each licensee and shall be produced for
inspection by the Garwood Police Department upon request.
No wrecker shall:
A.
Drive an unsolicited wrecker on the public streets
of the Borough of Garwood for the purpose of soliciting business in
the Borough.
B.
Solicit employment by responding to the scene of an
accident or disabled vehicle without having first specifically been
called by the Police Department or by the owner or operator of a vehicle
to be towed or otherwise removed.
C.
Use flashing lights or sirens except as permitted
by law.
Nothing contained in this chapter shall be construed
to permit the storage of vehicles which is otherwise prohibited by
or in violation of any provision of the Zoning Ordinances or other
ordinances of the Borough of Garwood.
A.
Refusal to issue license. If the Chief of Police shall
determine that the applicant does not meet the criteria set forth
in this chapter for the issuance of a license, he shall deny same.
B.
Revocation of license. If the Chief of Police shall
determine that any licensee hereunder shall be guilty of a violation
of this chapter, he may suspend or revoke any license issued.
C.
Notice of refusal, suspension or revocation of license.
If the Chief of Police shall refuse to issue any license applied for,
or shall suspend or revoke any license, he shall notify the applicant
or licensee in writing, setting forth the reason for the refusal,
suspension or revocation. The applicant or licensee may appeal such
refusal, suspension or revocation by filing a written request for
a hearing within 15 days of the date of notice of the action appealed
from. The appeal shall be determined by the Police Committee of the
Borough Council. The time and place for hearing shall be fixed by
the Police Committee and the applicant or licensee shall be notified
of the time and place of hearing and of the opportunity to be heard
by the Borough Clerk, who shall also notify the Chief of Police of
the hearing. The decision of the Police Committee shall be final.
[Amended 8-11-1998 by Ord. No. 98-12; 7-11-2017 by Ord. No.
17-11]
No licensee shall impose any fee for the towing, transporting,
conveying or otherwise removing any vehicle in or from the Borough
of Garwood in excess of the following fees:
A.
Towing and storage fees.
|
Service
|
Fee
| |
|---|---|---|
|
Towing service:
| ||
|
Light-duty tow, Category 1 (0 to 6,000 lbs GVW)
|
$80
| |
|
Medium-duty tow, Category 2 (6,001 to 26,000 lbs GVW)
|
$140
| |
|
Heavy-duty tow, Category 3 (26,001 lbs GVW and over)
|
$400 per hour
| |
|
Low bed trailer heavy-duty service
|
$450 per hour
| |
|
Mileage charge:
| ||
|
Per towed mile (first two miles free)
|
$4 per mile
| |
|
Winching service:
| ||
|
Light and medium duty
|
$125 per hour
| |
|
Heavy duty
|
$400 per hour
| |
|
Note: Winching fees are charged for pulling a vehicle
back onto the roadway to put the vehicle into proper position to hook
the vehicle to the tow truck, not pulling it onto a flatbed.
| ||
|
Storage fee:
| ||
|
Light duty, outside
|
$35 per day
| |
|
Light duty, inside
|
$45 per day
| |
|
Medium duty, outside
|
$40 per day
| |
|
Medium duty, inside
|
$50 per day
| |
|
Heavy duty, outside
|
$100 per day
| |
|
Heavy duty, inside
|
$125 per day
| |
|
Note: Storage fees start 1 hour after a vehicle is in
impound and accrues on a daily basis.
| ||
|
Yard fee
|
$35
| |
|
Administration fee
|
$10
| |
|
Service calls:
| ||
|
Flats (per tire), jump starts, lock outs, gas delivery (plus
cost of fuel)
|
$85
| |
|
Accident cleanup (in 15-minute increments)
|
$20
| |
|
Speedy Dry
|
$15 per 50lb bag
| |
|
Car trans linkage (no keys)
|
$45
| |
|
Tarping
|
$100
| |
|
Tractor service
|
$350 per hour
| |
|
Trailer converter dolly fee
|
$2,500
| |
|
Release of brake cylinder
|
$75 per brake
| |
|
Bumper removal
|
$20 per bumper
| |
|
Air cushion recovery
|
$5,000 up to 4 hours; $500 each additional hour
| |
|
Certified airbag operator
|
$500 per hour
| |
B.
The following definitions and conditions apply to the above fees:
(1)
If the vehicle is removed from the scene of an accident, "days" is
defined to relate to the time of the accident and it means 8:00 a.m.
to 4:30 p.m., Monday through Friday, except state holidays. If not
from an accident scene, "days" is defined to relate to the time from
pickup to delivery of the vehicle entirely, and means from 8:00 a.m.
to 6:00 p.m., Monday through Friday, except state holidays.
(2)
No additional towing charges are permitted (flat-bedding, waiting
time, winching, cleaning, additional labor or other charges) where
only basic towing service is provided. "Basic towing service" means
the removal and transportation of an automobile from a highway, street
or other public or private road, or a parking area, or from a storage
facility and other services normally incident thereto, but does not
include recovery of 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.
(3)
Storage rates are from any calendar day or part thereof.
(4)
"Inside" means completely indoors with a locking device.
(5)
"Outside" includes all storage facilities not inside.
(6)
No fees shall be charged to the Borough of Garwood for any towed,
stored or impounded vehicle. The Borough of Garwood shall incur no
liability by virtue of calling for or requesting any services performed
under this chapter.
C.
Flat-bedding and winching.
(1)
No fees for flat-bedding and/or winching may be charged where only "basic towing service" as defined in Subsection B(2) above is provided.
(2)
Where allowed, no licensee shall impose any fee for flat-bedding
and/or winching of any vehicle in or from the Borough of Garwood in
excess of the above fees.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by one or more
of the following penalties: imprisonment in the county jail for a
term not exceeding 90 days or by a fine not exceeding $1,000 or by
a period of community service not exceeding 90 days.
