[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 7-11 of the
1982 Revised General Ordinances; amended in its entirety 9-1-1998 by Ord. No.
1091-98 (Ch. 321 of the 1993 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the following
words shall have the meanings set forth herein:
Charge for post-accident services, including hut not limited
to services such as physical inspection, telephone and/or fax calls,
removal of personal items and additional paperwork This charge must
be documented as to what service was performed.
Driving an unengaged wrecker along a public street at a slow
rate of speed or in any other fashion calculated for the obvious purpose
of soliciting business along the public roadway or highway.
Any vehicle authorized by law to be seized, towed and held
in the custody of an approved outside secured impound or storage yard
as approved by the Police Department.
Any automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
Recovery can be achieved by several actions which may include
but are not limited to winching and rigging. A recovery is when the
tow operator applies his knowledge in a skillful manner to preserve
the condition of the motor vehicle while moving the damaged vehicle
to a towable position.
Charge for a motor vehicle towed into the storage facility
of the primary tower that is not movable and must be towed out of
the primary towers storage facility to a public street for towing
by the secondary tower.
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to EMS services or
police investigations.
The process of moving a motor vehicle by the use of the cable
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying and removing vehicles which
are unable to be operated under their own power.
A.
No person shall operate a wrecker within the Township
or engage in the business of operating a wrecker within the Township
unless a license has first been obtained for such wrecker, as provided
herein. Every vehicle operated as a wrecker shall have its own separate
license even though it is owned or operated by a person or business
entity having other validly licensed wreckers.
B.
No license issued hereunder may be transferred from
one license to another or from one wrecker to another wrecker.
Except as provided in § 470-14 thereof, this chapter shall not apply to any person who is not engaged in the business of operating a wrecker within the Township and who causes a wrecker owned, leased or operated by it to:
A.
Tow a disabled vehicle through the Township from a
point outside the Township to a destination also outside the Township.
B.
Pick up a disabled vehicle outside the Township and
tow it to a destination within the Township.
C.
Pick up a disabled vehicle within the Township and
tow it to a destination outside the Township.
A.
Application for licenses for wreckers shall be made
by the owner, lessee or bailee thereof on blank forms to be furnished
by the Municipal Clerk.
(1)
Such applications shall contain the full name and
address of the owner, lessee or bailee of the wrecker, as well as
the full name and address of the applicant.
(2)
A description of each wrecker for which a license
is sought shall be set forth, as well as the location of the premises
where such wrecker is usually stored.
The Municipal Clerk shall forthwith submit the
application to the Chief of Police. Within 10 business days after
receipt of an application, as provided for herein, the Chief of Police
or his or her designee shall cause an investigation to be made and
completed of the applicant, his or her business operation and the
wreckers sought to be licensed for the purpose of determining compliance
with this chapter. A report of such investigation, along with a recommendation
as to whether such license should be issued, shall be promptly forwarded
to the Municipal Clerk within 15 business days.
All wreckers licensed hereunder shall contain
a card, decal or metal plate, in a form to be approved by the Chief
of Police, where it can be easily read, stating the license number
and license plate number of the wrecker and the rates to be charged.
Each license issued hereunder prior to June
30 of any year shall expire on June 30 of the year of issuance. Each
license issued after June 30 of any year shall expire on June 30 of
the year following the year in which it is issued.
[Amended 12-1-2020 by Ord. No. 1661-20]
The fee for the issuance of a wrecker's license
shall be the sum of $150 for each wrecker licensed.
A.
No license shall be issued for a wrecker unless there
is in force, with respect to such vehicle, a valid policy of insurance
issued by an insurance company authorized to do business in the State
of New Jersey. The weight classifications and insurance limits are:
[Amended 6-5-2001 by Ord. No. 1172-01]
B.
To be eligible for inclusion in the Police Department call list, as provided for in § 470-16 hereof, each insurance policy referred to in this section shall specifically name the Township as an insured party.
C.
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(s).
Each wrecker sought to be licensed hereunder
shall:
A.
Be in good mechanical working order.
B.
Contain emergency lights which flash and are capable
of being seen at least 1/4 of a mile away and are of sufficient height
so that they are visible over the towed vehicle.
C.
Contain no rotating lights or sirens except by permission
granted by the State Director of Motor Vehicles (amber light permit).
D.
Carry a fire extinguisher, five pounds CO2 or dry powder or equivalent.
E.
Carry a broom.
F.
Carry an absorbent material for fluid spills.
G.
Meet such other reasonable safety standards as may
from time to time be established by the Township Committee.
[Amended 12-1-2020 by Ord. No. 1661-20]
The maximum rates that may be charged for the
use of a wrecker, whether licensed or unlicensed, for towing a disabled
vehicle from a point within the Township to a destination also within
the Township are as follows:
A.
Basic tow.
(1)
Motor vehicles up to 4,000 pounds (referred to as Class 1): $150.
(2)
Motor vehicles between 4001 pounds and 10,000 pounds (referred to
as Class 2): $175.
(3)
Motor vehicles between 10,001 pounds and 30,000 pounds (referred
to as Class 3): $200.
(4)
Motor vehicles 30,001 pounds or more (referred to as Class 4): $300.
(5)
Motorcycles, Motorized Scooters: $200.
B.
Storage fees.
(1)
Motor vehicles up to 4,000 pounds (referred to as Class 1): $50 per
day, fee starts immediately.
(2)
Motor vehicles between 4001 pounds and 10,000 pounds (referred to
as Class 2): $50 per day, fee starts immediately.
(3)
Motor vehicles between 10,001 pounds and 30,000 pounds (referred
to as Class 3): $60 per day, fee starts immediately.
(4)
Motor vehicles 30,001 pounds or more (referred to as Class 4): $75
per day, fee starts immediately.
(5)
Motorcycles: Outside $40 per day, fee starts immediately; inside
(if available) $50 per day, fee starts immediately.
C.
Labor rates.
(1)
Clean up fee: $30 flat rate plus $15 for each bag of absorbent material
used.
(2)
Waiting time: $35 per one-half hour, waiting time begins one-half
hour after arrival.
(3)
Tow to a location not on Township Tow List: $50 flat rate within
the Township. Tows to a location outside of the Township shall be
negotiated pursuant to a separate agreement between the tow company
and the driver prior to the tow.
(4)
Tow during emergency to move vehicle for plowing, etc.: $60 flat
rate to move vehicle.
(5)
Winching Time: $150 first one-half hour, within 20 feet of the roadway,
for winching operations greater than 20 feet an additional $3 per
foot of cable or chain; $80 every one-half hour after.
(6)
Uprighting: $50 per one-half hour.
(7)
No Key/Use of Dollies: $75.
(8)
Service Requests: Service calls for tire changes, vehicle lockouts,
jump starts, fuel delivery and roadside repairs shall be $60 plus
cost of fuel/parts.
(9)
Sealing/Wrapping/Covering vehicle: To include use of materials in
order to prevent damage from inclement weather - $25 per window.
The maximum rates fixed in § 470-11 hereof shall apply to the towing and storage of all passenger vehicles, except all nonpassenger vehicles not exceeding two tons in weight, in the case of:
A.
Service rendered to other types of vehicles.
C.
Services rendered in extraordinary cases involving unusual conditions, the rates to be charged shall be determined by mutual agreement in writing prior to the rendering of such service. The maximum rates fixed in § 470-11 hereof shall not apply to a licensed or unlicensed wrecker for towing of a kind described in § 470-3.
The operator of a wrecker shall advise the customer
of the charges for services to be rendered in advance of their rendition
and give the customer a receipt for the fee paid.
A.
No driver, operator, owner or licensee of any wrecker
shall:
(1)
Engage in cruising as defined herein.
(2)
Seek employment by repeatedly and persistently driving
a wrecker to and fro in a short space in front of any disabled vehicle
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways.
(3)
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.
(4)
Solicit or attempt to divert prospective patrons of
another wrecker or divert prospective patrons of one garage to another.
(5)
Solicit, demand or receive any commission or fee from
any person, except the proper fee for service to and transportation
of a disabled vehicle.
(6)
Offer to 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 or not 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.
B.
No storage or impoundment facility in the Township
of Hazlet shall be used by more than one license holder for the storage
of motor vehicles.
C.
The weekday hours between 8:30 a.m. and 4:30 p.m.
and Saturday hours between 9:00 a.m. and 12:00 noon, with the exception
of Sundays and holidays, shall be made available for the release of
stored vehicles.
A.
A license issued under this chapter may be suspended
by the Township Committee for 30 days upon the first violation, 90
days for the second violation and revocation upon the third violation
of any provision of this chapter or any regulation adopted hereunder.
Under such suspension, the licensee shall be entitled, by application,
in writing, to a hearing before the Township Committee at its next
regular meeting following the suspension, as to whether such license
should be restored, and the Township Committee shall have the authority
to restore such license.
B.
The Township Committee may, after hearing, revoke
any license issued under this chapter for the violation of any provision
of this chapter or any regulations adopted hereunder. The Township
shall cause to be served upon such licensee, not less than five days
before the hearing to be held for said revocation, written charges,
and such applicant may file written answers thereto not less than
two days prior to the hearing, and the licensee shall be entitled
to be represented by counsel and present his or her defense to such
charges.
A.
The Township Committee shall establish and may amend
from time to time a call list of wreckers performing towing service
for the Township and to be called in rotation by a member of the Police
Department in the event that the owner or driver of a disabled vehicle
is unable to or fails to indicate any specific choice of a wrecker
to remove the disabled vehicle. A current copy of the call list shall
be provided to the Chief of Police, who shall assure that all members
of the Police Department are aware of the same and shall be available
for inspection by the public at the office of the Township Clerk and
police building.
B.
To be eligible for inclusion in call list, a wrecker
shall:
(1)
Hold a current and valid wrecker's license issued
under the terms of this chapter.
(2)
Be owned or operated by a person engaged in the business
of operating a wrecker within the Township.
(3)
Comply with the requirements of § 470-9 hereof that the requisite insurance policies specifically name the Township as an insured party.
(4)
Be able to report to a disabled vehicle position no
more than 25 minutes from 8:00 a.m. to 8:00 p.m. and no more than
30 minutes between 8:01 p.m. and 7:59 a.m. from the time of notification
by a police dispatcher.
(5)
Maintain and operate a storage yard, duly approved
for the impounding of vehicles within the boundaries of Hazlet Township
or contiguous thereto, for whenever it is determined by the Hazlet
Township Police Department that a vehicle is to be impounded.
C.
The Township Committee may make such reasonable regulations
concerning the call list as are necessary to expedite and facilitate
the rendition of services described herein, including such procedures
which ensure that all wreckers on the call list are summoned on a
nondiscriminatory basis in rotating order. Notwithstanding the foregoing,
the Township Committee may adopt such equitable and reasonable procedures
as it deems necessary, taking into account the fact that not all wreckers
appearing on the call list have the mechanical capability of responding
to and dealing with all conditions and types of disabled vehicles.
D.
In the case of a disabled vehicle obstructing traffic
or likely to create a traffic hazard, a police officer in charge shall
have the right to summon a wrecker from the call list, notwithstanding
the expressed desire of the owner or operator of the disabled vehicle
that a specific wrecker be summoned, if in the opinion of such officer,
the wrecker requested will not be able to respond to the call in sufficient
time to assure the public safety and efficient flow of traffic.
The enforcement of the provisions of this chapter
shall be under the control of the Police Department.
Every person found guilty of violating any of
the provisions of this chapter may, in addition to the suspension
or revocation of the license as provided for herein, be liable to
a fine of not less than $100 nor more than $500 or may be imprisoned
in the county jail for a period of not more than 30 days, or both.
