[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 4-10-1989 by Ord. No. 89-2
(Ch. 15, Art. V, of the 1973 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The driving of an unengaged wrecker to and fro along a public street
at a slow rate of speed or in any other fashion calculated for the purpose
of soliciting business in the Borough.
Owned, rented or leased.
Includes an individual, sole proprietor, firm, partnership, association,
corporation or other entity and the singular or plural and the masculine,
feminine or neuter thereof, unless the contrary is clearly expressed.
A vehicle driven by mechanical power and employed for the purpose
of towing, transporting and/or conveying or otherwise removing any and all
kinds of vehicles which are unable to be and/or actually are not operated
under their own power or are otherwise disabled, for which services a charge
or fee is exacted.
The licensing of wreckers and the determination of the adequacy and
sufficiency thereof shall be under the control of, and the enforcing of the
provisions of this chapter shall be under the control of, the Police Department.
[Amended 5-22-1989 by Ord. No. 89-5]
Any wrecker desirous of participation pursuant to § 243-16
of this chapter in the on-call list for towing services shall be licensed
in accordance with the terms of this chapter. All licenses under this chapter
shall be issued to expire and shall expire on the 31st day of December next
succeeding the date of issuance, unless sooner suspended or revoked by the
Chief of Police as hereinafter provided.
Application for licenses issued hereunder shall be made by the owners
upon forms to be furnished by the Chief of Police, and the applicant shall
state under oath:
A.
The name, home address and proposed or actual business
address of the applicant and that he is the owner.
B.
A description of the wrecker or wreckers for which the
license is desired, including the year, model, make, type, serial number of
the body and motor capacity.
C.
The length of time for which the wrecker has been in
use as a wrecker.
D.
That the applicant has available space for properly accommodating
and protecting all disabled motor vehicles to be towed or otherwise removed
from the place at which they are disabled. This available space shall be identified
by street address and lot and block number. The applicant shall certify that
he either owns the property or has the right to use the property for accommodating
the disabled vehicles.
E.
The license number of vehicles.
F.
That he will maintain the necessary equipment and required
standards throughout the term of the permit and shall notify the Chief of
Police upon change of any information set forth in the application.
G.
Such other information which the Chief of Police shall
deem necessary or proper to effectuate the purpose of this chapter and full
protection of the public interest.
A.
The Chief of Police shall review and approve the issuance
of all wrecker licenses upon the following findings that:
(1)
The applicant is of good moral character.
(2)
The public convenience and necessity will be served by
the use of wreckers for which application is made.
(3)
The requirements of this chapter and all other governing
laws, statutes, ordinances and rules and regulations pertaining to wreckers
are met.
(4)
The wreckers are properly licensed and inspected, where
required, by the State of New Jersey.
B.
No vehicle shall be licensed as a wrecker in New Providence
which uses dealer license plates.
The Police Department is hereby authorized and empowered to establish,
from time to time, rules and regulations not inconsistent with this chapter
as may be necessary and reasonable governing any license provided for in this
chapter.
The Police Department shall keep a register of the names of such persons
owning, leasing or operating a vehicle or vehicles licensed under this chapter.
Upon satisfactory fulfillment of the requirements of this chapter and
upon approval of the Chief of Police or other member of the Police Department
designated by him and receipt of the fee for each wrecker license and certificate
of insurance, the Borough Clerk shall issue a license.
All wrecker licenses shall be issued hereunder subject to the following
conditions:
A.
No licensee or his agent or driver shall solicit, demand
or receive from any person any pay, commission or emolument whatever except
the appropriate fee authorized for transporting disabled vehicles in accordance
with the schedule of service rates set forth in this chapter nor give or offer
to give any gratuities, fees or other compensation or gifts to any member
of the Police Department.
B.
Licensees and their agents and servants shall keep and
maintain towing equipment which is adequate to perform such towing in a reasonably
workmanlike manner.[1]
[1]
Editor's Note: Original Subsection C, regarding towing services
for borough-owned vehicles, which immediately followed this section, was repealed
5-22-1989 by Ord. No. 89-5.
A.
No driver of any wrecker shall seek employment by repeatedly
and persistently driving his wrecker to and fro in a short space before or
otherwise interfere with the proper and orderly progress of traffic along
the public highways.
B.
No driver shall engage in cruising, as defined herein.
C.
No driver or owner of a wrecker shall solicit or attempt
to divert the prospective patrons of another wrecker, nor shall he solicit
or divert prospective patrons of a given garage in the Borough of New Providence
to another garage.
D.
No licensee or his agent or driver shall solicit or demand
from any person any pay, commission or emolument whatever except the appropriate
fee authorized for transporting disabled vehicles in accordance with the schedule
of service rates set forth in this chapter nor give or offer to give any gratuities,
fees or other compensation or gifts to any member of the Police Department.
E.
No flashing lights or sirens shall be used in a wrecker
except by permission granted by the State Director of Motor Vehicles under
the provisions of N.J.S.A. 39:3-50.
Nothing in this chapter shall be construed to permit the storage of
vehicles outside of any building in violation of any provision of the general
ordinances of the Borough of New Providence.
All wreckers shall contain a card, decal or metal plate, to be furnished
by the Police Department, affixed to a prominent portion of the wrecker, as
directed by the Police Department, where it can be easily read, stating the
license number of the vehicle.
Every driver of a wrecker shall give the customer a receipt for the
fee paid.
The Police Department shall have the power to direct wreckers to remove
vehicles where:
A.
There is obstruction of a public right-of-way or private
property.
B.
A vehicle has been vandalized or presents a fire or safety
hazard or an attractive nuisance.
C.
An abandoned vehicle bears no discernible registration
or identification data.
D.
A vehicle is not licensed.
E.
A vehicle is not operable.
F.
A vehicle is violating any emergency no-parking provisions
as set forth in the Code of the Borough of New Providence.
G.
Permitted or required by law.
[Amended 2-10-2003 by Ord. No. 2003-1]
It is hereby determined under the lawful exercise of the police powers
of the Borough of New Providence that public convenience and necessity require
that the persons performing towing service for the Borough of New Providence
or called for by a member of the New Providence Police Department shall perform
on an on-call basis from a list promulgated by the Chief of Police pursuant
to this chapter. Because the earliest possible response to a towing call is
essential to the public health and safety, priority for on call towing services
shall be given to persons maintaining a place of business within the Borough
of New Providence.
A.
A licensee performing towing service for the Borough
of New Providence or called for by a member of the New Providence Police Department
shall perform on an on-call basis from a list approved by the Chief of Police
of New Providence.
B.
In order to be placed on the on-call list by the Chief
of Police, the following requirements shall be met:
(1)
The applicant shall have immediate and maintain access
to appropriate equipment to permit the towing and/or transportation of motor
vehicles.
(2)
The applicant shall have appropriate drivers, storage
facilities, insurance and all requirements set forth in this chapter.
(3)
There shall be deposited with the Borough Clerk policies
of insurance in an insurance company as herein stated:
(a)
The licensees shall have a garage policy in force with
an insurance company duly licensed in New Jersey with a Best's rating
of no less than A-X.
(b)
Limits for garage keepers legal shall be no less than
$25,000.
(c)
Bodily injury and property damage limits shall be no
less than $500,000 combined single limits.
(d)
The borough shall be added as an additional named insured
to the policy of the garage in respect to its activity on behalf of the Borough.
(e)
Both the certificate and endorsements shall be given
to the Borough. A thirty-day notice is required for cancellation.
(f)
If the policy or certificate is not corrected, reinstated
or replaced prior to the date of cancellation, the licensee shall surrender
said license to the Chief of Police.
C.
Such additional rules and regulations regarding the rotation
of wreckers as may be hereafter promulgated by the Chief of Police shall take
effect immediately after service of a copy thereof on the holders of all licenses
for wreckers in the Borough as set forth on the rotating on-call list. Service
upon such licensee may be by sending by ordinary mail a copy of additional
rules and regulations to said licensee's business address.
D.
No on-call licensees shall respond to the scene of an
accident except upon notification by the police officer in charge in the police
headquarters or upon the request of the driver or owner of a disabled vehicle.
E.
If any licensee performing on the rotating on-call list
for towing service is called on rotation and fails to respond within 20 minutes
or refuses to respond and does not perform on-call service, the call shall
be reviewed by the Police Department. If an appropriate response is not made
by the licensee, the removal from the on-call list may be made by the Chief
of Police.
[Amended 5-22-1989 by Ord. No. 89-5]
F.
All wreckers on the on-call list shall be licensed pursuant
to the terms of this chapter.
Each and every licensee on on-call service hereunder shall record in
a book kept solely for such purpose the details of each disabled vehicle towed,
serviced and/or transported by him or his agents or servants or employees,
together with full information concerning the details surrounding the hire,
the name of the owner of the towed vehicle and/or the patron engaging him,
which book shall be kept for inspection at all times by a duly authorized
representative of the New Providence Police Department.
A.
Charges for the towing of vehicles to any point within
the Borough of New Providence by any licensed wrecker or operator of any wrecker,
that are not covered by N.J.A.C. 11:3-38.6 and its fee schedule, shall not
exceed the following:
[Amended 5-22-1989 by Ord. No. 89-5; 3-23-1992
by Ord. No. 92-4]
C.
For conveying a truck, trailer or omnibus, the sum shall
be determined by mutual agreement in writing before hiring.
D.
For any additional work, other than that noted above,
the price for said additional work shall be predetermined by mutual agreement,
in writing, before hiring.
Nothing within this chapter shall prevent an owner, lessee, agent or
driver of a vehicle which is disabled from calling a wrecker
of his own choice to remove his vehicle, except in instances governed by § 243-15.
No wrecker operator, in the performance of towing services, shall deposit
or cause to be deposited in the sanitary or storm sewers of the Borough of
New Providence any debris or other material, substance or liquid, pursuant
to the terms of Chapter 219, Sewers and Sewage Disposal, of the Code of the
Borough of New Providence.
A.
A license granted under this chapter may be suspended
or revoked by the Chief of Police for the violation of this chapter or regulations
hereunder. Upon said suspension or revocation, the applicant shall be entitled
by application, in writing, to a hearing before the Chief of Police as to
why said license should not be restored, and said Chief of Police shall have
the authority to restore said license or affirm the suspension or revocation.
B.
The Chief of Police shall cause a hearing to be held
and shall so notify the licensee not less than 15 days before the date of
such hearing for suspension or revocation upon written charges, and said applicant
shall file written answers thereto not less than two days prior to said hearing.
Said license shall be entitled to be represented by counsel and present his
defense thereto.
Every person or persons, firm, partnership or corporation who shall
violate any of the provisions of this chapter shall, upon conviction, be liable
to a fine of not less than $150 nor more than $500.
