As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE
A private passenger motor vehicle, or any vehicle included
in the definition of "automobile" under N.J.A.C. 11:3-38.2.
BASIC TOWING SERVICE
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 berm.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
except such vehicles as run only upon rails or tracks, or motorized
bicycles.
TOW OPERATOR
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
TOW VEHICLE or TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another, for which a fee is
charged.
TOWN
The Town of Clinton.
No person shall engage in the business of towing
or storage of motor vehicles at the direction of the Town of Clinton
without first obtaining approval and licensing therefor from the Town
of Clinton. Nothing herein shall require the rendering of road services
or the provision of towing and storage services within the Town other
than at the request of the Town.
Applicants for approval under this chapter shall
file with the Chief of Police an application on a form to be furnished
by the Chief of Police which shall include the following information
and certification.
A. The full name and address of the applicant and/or
owner(s) of the towing service. The application must state the type
of business entity that is operating the business, i.e., sole proprietorship,
partnership or corporation. If the application is made for a corporation,
it shall state the name and addresses of the officers and directors
thereof, its registered agent, and the names and residential addresses
of every stockholder owning more than 10% of the issued stock. If
the application is made on behalf of a sole proprietorship or partnership,
all parties having an equity interest in the towing service shall
be listed.
B. The year, make and type of each tow vehicle used in
said business, its serial number, registration number and registered
owner(s) and licenses held by each owner, application or operators.
C. The address where the tow vehicle or vehicles shall
be regularly garaged, the telephone number or numbers and the hours
during which service is available at those numbers, and the names,
addresses and New Jersey driver license numbers of all operators.
D. The location, size and security features of the storage
lot or space in which towed vehicles will be stored, including the
number of spaces available. The storage lot shall be designated either
as:
(1) Inside building: a vehicle storage facility that is
completely indoors, having one or more openings in the walls for storage
and removal of vehicles that is secured by a locking device on each
opening;
(2) Outside secured: a vehicle storage facility that is
not indoors and is secured by a fence, walls, or other man-made barrier
that is at least six feet high and is installed with a passive alarm
system or a similar on-site security measure. This facility is to
be lighted at night.
(3) Outside unsecured: a vehicle storage facility that
is not indoors and is not secured by fence, wall or other man-made
barrier, and all other storage facilities not defined above as "inside
building" or "outside secured."
E. The name and address of the insurance carriers, and
the policy numbers of all insurance policies as required by this chapter.
F. A copy of the operator's current fee schedule for
towing and storage services.
G. A statement that on-call towing and storage services
will be available 24 hours per day, every day of the year.
H. A statement that the procedures required by this chapter
shall be complied with at all times.
I. A statement that all tow vehicles are equipped with
two-way radios or cellular phones.
J. A statement that the Chief of Police or his designee
may at any reasonable time conduct an inspection of the tow vehicles
or storage facility of any applicant for the purpose of determining
compliance with this chapter.
K. Whether the tow operator wishes to be designated as
a "light-duty tower" or "heavy-duty tower," or both.
L. Such other information as the Chief of Police may
prescribe.
The following minimum standards must be met
for each class of towers.
A. Light-duty. A light-duty tower shall be abler to handle
all makes of passenger cars and small trucks up to two tons, such
as pickup and small panel trucks. The garage from which a light-duty
tower originates must be equipped with a portable car dolly. Each
light-duty tower shall be equipped with the following:
[Amended 9-9-2008 by Ord. No. 08-13]
(1) Dual rear wheel or equivalent.
(2) Power take-off controlled winch with a minimum cable
thickness of 3/8 inch or equivalent.
(3) Comparable weight equal to the vehicles to be towed,
with a minimum of 10,000 pounds.
(4) A three-eighths-inch safety chain. The lift chain
and safety chain shall not be attached in any form or manner to the
same part of the wrecker.
(5) Two double-faced rear flashing amber fights mounted
high enough to be seen over the towed vehicle.
(6) A three-hundred-sixty-degree rotating amber beacon
fight mounted over the cab.
(7) All lights shall be of such candlepower and intensity
as to be visible 1/4 of a mile away.
(8) Tow operator shall own at least one flatbed truck
for the removal of vehicles from roadways. A flatbed truck will be
used when, in the opinion of the tower and the police officer on the
scene, towing of the vehicle by conventional means would result in
further damage.
B. Heavy-duty. All towers classified as "heavy-duty"
shall be equipped with the following:
(2) Manufacturer rating: gross vehicle weight of 32,000
pounds. Manufacturer rating may be obtained from the factory where
the truck originated. Other written evidence of gross vehicle weight
may be accepted by the Town, if verified.
(3) Power take-off controlled winch with a minimum cable
thickness of five-eights-inch.
(4) Two double-faced rear flashing amber lights mounted
high enough to be seen over the towed vehicle.
(5) All lights shall be of such candle power and intensity
as to be visible 1/4 of a mile.
(6) A one-half-inch safety chain. The lift chain and safety
chain shall not be attached in any form or manner to the same part
of the wrecker.
(8) Connecting air lines for connection with the compressor
and air brake lines of the towed vehicles.
(9) Detachable amber flashing lights attached to the rear
of the towed vehicle.
(10)
Two-speed rear axle and differential and dual
transmission or-five-speed transmission.
C. In order to be qualified for application approval,
the tower must have at least the following number of trucks:
(1) Light-duty towing: one truck and one flat bed.
(2) Heavy-duty towing: one truck.
Any person aggrieved by the action of the Chief
of Police in denial of an application, or in revocation thereof, or
in the suspension from the tow operators' on-call towing list, may
appeal to the Town Council by filing with the Office of the Clerk,
within 14 days after notice of the action complained of has been mailed
to such person's last known address, a written request for a hearing,
setting forth fully the grounds for the appeal. The Mayor and Council
will set a time and place for a hearing on such appeal, and notice
shall be served on or mailed to the applicant or licensee at least
five days prior to the hearing. The applicant, or its representative,
shall be permitted to appear and be heard at that time. Written notice
of the approval or denial of the appeal shall be provided to the applicant
within seven days of the decision of the Town Council.
[Amended 9-9-2008 by Ord. No. 08-13]
A. Towing rate schedules. The Chief of Police shall recommend
to the Mayor and Council rate schedules for towing fees to be charged
by a tow operator in the Town of Clinton pursuant to this chapter
based on the usual, customary and reasonable rates of operators towing
motor vehicles in the Town. The Mayor and Council may accept such
recommendation by adopting an ordinance establishing or amending those
rates. The Towing Rate and Storage Schedule which accompanies this
chapter is hereby declared to be part hereof.
[Amended 3-11-2020 by Ord. No. 20-04]
B. Storage rate schedules. The Chief of Police shall
recommend to the Mayor and Council rate schedules for storage fees
to be charged by a tow operator in the Town of Clinton for the storage
of towed vehicles pursuant to this chapter based on the usual, customary
and reasonable rates of operators storing towed motor vehicles in
the Town. The Mayor and Council may accept such recommendation by
adopting an ordinance establishing those rates. The Towing Rate and
Storage Schedule which accompanies this chapter is hereby declared
to be part hereof.
[Amended 3-11-2020 by Ord. No. 20-04]
C. Availability of fee schedules to the public. All fee
schedules shall be made available to the public during normal business
hours in the office of the Town Clerk, and posted conspicuously at
the tow operator's storage area and any repair garage operated by
the tow operator. Prior to commencing any tow service, the police
shall present to the owner or operator of the disabled vehicle a document
clearly and concisely setting forth the tow operator's name, telephone
number, location of its storage area and a towing and storage fee
schedule in plain language.
D. Pursuant to law, the Towing Rate and Storage Schedule set by ordinance as provided in Subsections
A and
B and accompanying this chapter above shall be reviewed by the New Jersey Commissioner of Insurance on an annual basis. In the event the fee schedules are revised by the Commissioner, the revised fees shall be the maximum fees that may be charged by official tow operators, and the revised fee schedules shall be posted as provided in Subsection
C above.
[Amended 3-11-2020 by Ord. No. 20-04]
E. Fees charged by a tow operator which is called to the scene by the Police Department of the Town shall be the same as those set forth by ordinance pursuant to Subsections
A and
B above. Any other towing services to motor vehicles when requested privately by individuals shall be at the rates as agreed to between the individual and the tow operator.
[Amended 3-11-2020 by Ord. No. 20-04]
The Chief of Police shall promulgate such rules,
regulations and procedures, not inconsistent with this chapter, as
may be reasonable and necessary to carry out the provisions of this
chapter. Copies thereof shall be provided to all approved tow operators
and shall be made available to the public, along with copies of current
fee schedules, during normal business hours. Failure to comply with
applicable rules, regulations and procedures may be cause for revocation
of a tow operator's approval.