For the purposes of this chapter, the terms
used herein are defined as follows:
CRUISING
The operation of a tow truck in and upon a roadway within
the Borough of Wanaque to solicit vehicle towing and/or storage business
except in response to a police request.
HEAVY DUTY
A tow truck with dual wheels, capable of towing large trucks
and shall meet the following minimum requirements: GVW 30,000 lbs.;
GCWR 80,000 lbs.; boom rating of 50,000 lbs.; winch rating of 50,000
lbs.; cable size and length, 5/8 inch and 200 feet; equipped
with chassis lift; under-reach retracted rating 25,000 lbs. and extended
rating 12,000 lbs.
LEASE
A vehicle leased by the licensee, through a leasing company,
and showing the licensee on the registration as the owner or lessee.
If the registration is such that the lessee is not listed the licensee
will be required to show a lease agreement.
LICENSE
The document approved and issued by the Borough of Wanaque
granting the privilege to tow and store vehicles and perform other
towing operations for the Borough of Wanaque.
LICENSEE
A towing operator having a license granted by the Borough
pursuant to the provisions of this section.
LIGHT-DUTY FLATBED
A car carrier of the rollback-and-tilt type, with dual wheels,
capable of removing and transporting passenger cars damage-free and
shall meet the following minimum requirements: GVW 14,500 lbs.; winch
rating of 8,000 lbs.; cable size and length, 3/8 inch and 50
inches; bed length, 16 feet; bed width, 84 inches inside side rails;
wheel lift retracted rating 6,000 lbs. and extended rating 3,000 lbs.
LIGHT-DUTY WRECKER
A tow truck with dual wheels, capable of towing passenger
cars and shall meet the following minimum requirements: GVW 14,000
lbs.; GCWR 18,000 lbs.; boom rating of 8,000 lbs.; winch rating of
8,000 lbs.; cable size and length, 3/8 inch and 100 feet; wheel
lift retracted rating 6,000 lbs. and extended rating 3,000 lbs.
MEDIUM-DUTY FLATBED
A car carrier of the rollback-and-tilt type, with dual wheels,
capable of removing and transporting small trucks, full-size vans,
or large passenger cars damage-free and shall meet the following minimum
requirements: GVW 18,000 lbs.; winch rating of 8,000 lbs.; cable size
and length, 3/8 inch and 50 inches; bed length, 19 feet bed width,
84 inches inside side rails; wheel lift retracted rating 6,000 lbs.
and extended rating 3,000 lbs.
MEDIUM-DUTY WRECKER
A tow truck with dual wheels, capable of towing small trucks
and shall meet the following minimum requirements: GVW 18,000 lbs.;
GCWR 30,000 lbs.; boom rating of 16,000 lbs.; winch rating of 16,000
lbs.; cable size and length, 1/2 inch and 200 feet; wheel lift
retracted rating 10,500 lbs. and extended rating 8,500 lbs.
OWNER
An individual or entity who or which owns or leases, and/or
operates, parks or abandons a vehicle within the Borough.
POLICE
The Police Department of the Borough of Wanaque or of any
jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant/licensee, where licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Borough of Wanaque.
ROUTINE CALLS FOR SERVICE
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas, or other services that
do not require towing.
STORAGE DAY
Any twenty-four-hour period or portion thereof, with a new
day beginning at 12:00 midnight.
[Added 4-19-2012 by Ord.
No. 3-0-12]
STORAGE RATES
Fees charged for the storage of motor vehicles.
[Added 4-19-2012 by Ord.
No. 3-0-12]
STORAGE SERVICES
The storage, housing or holding of vehicles indoors or outdoors
by a licensee under authority of this section.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police, and
issued by the Borough of Wanaque for the purpose of replacing a current
licensee, whether that replacement be due to the closing of the business
or the revocation of the licensee's towing license for a violation
of this section. This license is for emergency situations only and
the cost will be prorated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing
towing and storage services.
TOWING SERVICES
The towing service and/or on-site vehicle repair, including
tire changes, jump starts or furnishing fuel, rendered by a towing
operator.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles.
WAITING TIME
Additional time that a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. This shall
include but not be limited to the time during which emergency medical
services are being performed or the time during which a police investigation
is being performed.
[Amended 4-19-2012 by Ord. No. 3-0-12]
WINCHING
The process of moving a motor vehicle, by the use of a cable,
for a position that is not accessible for direct hookup by conventional
means for loading on to a tow vehicle. Pulling a vehicle onto a tilt
bed or carrier or lifting a motor vehicle with a conventional tow
sling shall not be considered "winching."
[Added 4-19-2012 by Ord.
No. 3-0-12]
No towing operator shall operate within the
Borough for police-requested towing services and/or storage services
unless the towing operator has obtained a license issued by the Borough.
Licenses to tow shall be issued for one calendar
year commencing January 1 of the calendar year.
The following schedule of nonrefundable fees
is adopted for the obtaining of a towing license:
A. Application fee: $200.
[Amended 11-14-2016 by Ord. No. 23-0-16]
B. License fee: $100 per year, payable before January
1 of the license year. For a temporary license for a period of less
than 12 months, the fee shall be prorated on a monthly basis.
Towing and storage services shall be governed
by the following provisions:
A. The schedule when a licensee will be on duty will
be set by the Borough Police Department's Chief of Police.
B. Licensee will respond to all police requests for towing
and/or road service, when requested by a police dispatcher or any
other police officer expressly authorized to communicate such a request.
Licensee will respond with the number of tow trucks requested to the
scene within a reasonable time. Such reasonable time shall be deemed
to be within 20 minutes under normal atmospheric conditions.
C. If a licensee is wholly or partially unable to respond
due to failure of any equipment or personnel insufficiencies, the
licensee will immediately notify the Police Department who will contact
the next towing company in the rotation to handle the request. If
such an incident occurs, the licensee will furnish, in writing, within
five business days, the details of the circumstances which caused
the failure to respond to the Borough Police Department's Chief of
Police which will make a determination if a followup investigation
and/or inspection of the licensee's facility is required.
D. Tow trucks of a licensee shall not cruise roadways within the Borough for business and shall not respond to any scene where towing may be required except upon request of the Wanaque Police Department or as permitted under §
110-3A of this chapter.
E. No rotating or flashing lights or sirens shall be
used on a tow truck except as permitted by NJ DMV/DOT (N.J.S.A. 39:3-50),
and all vehicles operated by the licensee shall have a current permit
for said lights issued by the DOT along with all other required vehicle
documents.
F. All tow trucks shall be operated in accordance with
all existing traffic regulations and in a safe and prudent manner.
Tow truck drivers will request police assistance when they find it
necessary to turn around, back up, tow in a direction opposite the
flow of traffic, cross a median, or other hazardous situation during
the course of providing service or towing.
G. Each licensee will be responsible for all vehicles
and visible contents in their custody that are towed off the roads
under direction of the police and shall make an inventory at the scene
to note such contents of each vehicle.
H. No vehicle will be removed from any roadway within
the Borough without proper authorization from the police at the scene
or the vehicle owner or operator as the case may be.
I. No licensee shall be required to tow to an area farther
than the licensed storage area between the hours of 6:00 p.m. and
8:00 a.m. unless said licensee agrees to tow farther. If licensee
agrees to tow farther than the licensed storage area between 6:00
p.m. and 8:00 a.m., he/she will only do so if adequate towing coverage
will be available to the Borough.
J. The investigating officer and/or supervisor at the
incident scene is in complete charge of the incident scene (excluding
actual towing operations), and all tow truck drivers shall comply
with the officer/supervisor's instructions.
K. Each licensee, prior to departing from the scene of
towing services, shall be required to clean and clear the roadway
of any debris resulting from any accident at such scene when rendering
towing services, and at all times carry the necessary equipment to
perform such cleaning services. Such equipment shall minimally include,
but is not limited to, a broom and shovel. The licensee may charge
the owner's insurance company for the services rendered.
L. In the event a licensee refuses to tow or render services
at the scene of an accident or disabled vehicle when requested by
the Police or vehicle owner/operator, the officer assigned to the
incident shall report the refusal to his supervisor with all pertinent
details. Police Department SOP will be followed to secure a service
to clear the scene and the report of the refusal shall be forwarded
to the Township Chief of Police as soon as possible for evaluation
and followup of the licensee's refusal to perform its obligation under
the license. No towing operator shall be required to tow any vehicle
in an unsafe manner or in such a way as to cause unnecessary damage
to the vehicle towed or that may cause damage to the towing vehicle.
M. Each licensee shall be required to keep up-to-date
records of all vehicles towed in conjunction with this license. Each
licensee shall provide the Borough Police Chief with a list of all
vehicles towed by order of the police (impounded) that remain unclaimed
in storage every Friday by 12:00 noon.
N. Vehicles impounded or confiscated by the Police and
stored by the licensee shall not be released by the licensee without
written authorization by the Police Department.
Towing and storage charges shall be paid by
the owner of a vehicle towed and/or stored by a licensee at police
request, and pursuant to N.J.A.C. 11:3-38.6, such charges shall be
as follows:
A. Towing services.
(1) The following is the fee schedule for towing services:
[Amended 12-12-2005 by Ord. No. 29-0-05; 4-19-2012 by Ord. No. 3-0-12; 2-10-2020 by Ord. No. 1-0-2020]
|
Type of Service
|
Fee
|
---|
|
Daytime rate:
|
|
|
Regular truck
|
$125
|
|
Flatbed
|
$125
|
|
Night rate:
|
|
|
Regular truck
|
$150
|
|
Flatbed
|
$150
|
|
Waiting time
|
$80 per hour, billable in 15-minute increments
|
|
Winching
|
$120 per hour, billable in half-hour increments
(light duty)
|
|
Additional personnel, if necessary for towing or winching operation
|
$80 per hour, billable in half-hour increments
|
(2) Rates are per truck required to make the appropriate
tow.
(3) No mileage fees are to apply for vehicles towed within
the Borough of Wanaque. If a vehicle is to be removed out of town,
and has police clearance, the owner shall be charged no more than
$1.75 per mile.
(4) Fluid cleanup is the vehicle owner's financial responsibility,
and will be charged a rate of no more than $25 per bag of Speedy-Dry.
(5) Heavy tows (i.e, tandem dump trucks, tractor-trailers,
etc.). Those rates are to be set by the tower on a case-by-case basis,
which shall not be unreasonable.
B. The licensee shall accept a minimum of two major credit
cards 24 hours a day, and must be able to do so both at the principal
location and by drivers on the road at the time service or tow is
performed.
C. The Township and its Police Department shall not be
liable to a licensee with respect to towing and/or service rendered
to any owner pursuant to the license or otherwise. The licensee shall
look to the registered owner of such vehicle for payment of towing
and/or storage service charges or any other compensation.
D. If a vehicle is towed by a licensee to premises controlled
by the Police Department for the purpose of utilizing the vehicle
or its contents as evidence, or in an ongoing criminal investigation,
such vehicle shall not be released from Police Department custody,
except to the licensee, unless the owner of the vehicle furnishes
the Police Department with a receipt that all applicable fees for
towing and/or service have been paid in full. A second fee may be
charged if the vehicle is removed to the licensee's storage area or
other destination desired by the police or vehicle owner. If a vehicle
is released by the police to any party other than the licensee without
proper receipt, the Borough shall be responsible for all charges,
but may pursue its remedy against the owner or other person(s) responsible.
E. Emergency
roadway cleanup when no towing occurs. If the debris from an accident
is determined to be excessive and needs to be removed from the roadway
by a member of the Wanaque Police Department, the on-call tow company
may be dispatched to the scene. All fees will be billed by the tow
company to the responsible party/insurance carrier. The fee for this
service shall be $80 per hour, billable in half-hour increments.
[Added 4-19-2012 by Ord.
No. 3-0-12]
The licensee shall have in effect, prior to
application and at all times during the term of the license, the following
insurance:
A. Garage keepers' liability policy in the amount of
$500,000 for any one claimant, and $1,000,000 for more than one claimant
with $500,000 coverage for property damage for anyone event.
B. Automobile liability insurance issued by a financially
sound insurance corporation of, or authorized to transact business
in, the state, insuring the licensee and every tow truck operator
against liability imposed by law for damages because of bodily injury,
including death, sustained by any person and injury to or destruction
of property, including the loss of use thereof, caused by accident
and arising out of the ownership, maintenance or use of the tow trucks
of the licensee. The amount of the limits of liability coverage to
be offered by such policy shall be $500,000 for bodily injury to each
person, $1,000,000 for bodily injuries in each accident and $500,00
for property damage in each accident.
C. The licensee shall supply a certificate of insurance
to the Borough Clerk describing every policy of insurance and identifying
the Borough as an insured party. Each such certificate of insurance
shall contain a provision that no cancellation of the policy shall
become effective until after the expiration of 15 days' written notice
of such proposed cancellation forwarded by the insurance company to
the Borough Clerk.
The application of any towing operator for a
license pursuant to this chapter shall include an agreement by the
towing operator that upon the issuance of a license the licensee shall
indemnify the Borough against all claims of third parties relating
to towing and/or storage service of the licensee.
The Borough Police Department shall provide,
when requested, towing operators with Department of Motor Vehicles
information regarding registered owners and lien holders. The information
requested and given shall be in conformance with N.J.S.A. 39:10A et
seq. and shall not in any way violate the confidentiality that is
reposed in the Police Department.
The Borough Chief of Police is hereby designated
to enforce the provisions of this chapter in accordance with due process
of law.
Copies of such rules and regulations, this chapter
and the fee schedules of the licensees shall be made available to
the public at the Borough Police Headquarters during normal business
hours.