Township of Stillwater, NJ
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater 7-20-2004 by Ord. No. 2004-14. Amendments noted where applicable.]
GENERAL REFERENCES
Traffic — See Ch. 370.
Abandoned vehicles — See Ch. 387.
For the purpose of this chapter, these terms, phrases, words and their derivations shall have the following meanings:
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Stillwater.
VEHICLE
A private passenger or station-wagon-type automobile, not used as a livery, and a pickup truck or van used for recreational purposes.
WRECKER
A person engaged in the business of offering the services of a towing service whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a wrecker or truck so designed for that purpose.
A. 
The Chief of Police[1] is authorized to compile a list of all wreckers and to amend and supplement the list from time to time.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
B. 
A wrecker shall be required to meet the following minimum qualifications:
(1) 
All wreckers must own or lease and have available at least one conventional tow truck and/or one flatbed tow truck. Each vehicle must be equipped with emergency lights in addition to other equipment which is necessary to provide safe and efficient towing. Each tow vehicle must be commercially registered and have the name of the towing operator and his phone number on the side of the vehicle. No vehicle shall be used by a licensed wrecker if it has failed the State of New Jersey and/or federal motor vehicle inspection. A copy of all vehicle inspections shall be on file with the Chief of Police.
[Amended 9-16-2008 by Ord. No. 2008-9]
(2) 
All wreckers shall provide service on a twenty-four-hour basis, seven days a week.
(3) 
No wrecker shall store vehicles unless the storage area shall be secured and reasonable steps have been taken to ensure that the stored vehicles are not vandalized or stolen.
(4) 
All wreckers shall carry the following minimum policy limits:
(a) 
Automobile liability in the amount not less than $750,000 combined single limit and in the case of each heavy-duty tow truck, automobile liability in the amount not less than $1,000,000 combined single limit.
[Amended 9-16-2008 by Ord. No. 2008-9]
(b) 
Workers' compensation as required by statute.
(c) 
Garage keeper's liability in an amount not less than $60,000 per location.
(d) 
Garage liability in an amount not less than $500,000 combined single limit.
(5) 
Wreckers shall indemnify and hold the Township harmless from any and all risks of loss or liability, including comprehensive general liability.
(a) 
The wrecker's insurance policy shall:
[1] 
Name the Township as an additional insured.
[2] 
Be specifically endorsed to provide collision coverage for vehicles in tow.
[3] 
Carry an endorsement for on-hook coverage in an amount not less than $50,000.
[Added 9-16-2008 by Ord. No. 2008-9]
(b) 
The Township shall be notified by the insurance company and wrecker immediately regarding any changes in the wrecker's insurance coverage.
C. 
The Chief of Police[2] shall determine if a wrecker meets the qualifications under this chapter. A qualified wrecker shall pay the Municipal Treasurer an annual fee of $100 for inclusion on the list of qualified wreckers. The Chief of Police may deny any wrecker who does not meet the qualifications under this chapter inclusion on the list of qualified wreckers after notice to the wrecker and an opportunity to be heard.
[2]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
A. 
The wrecker agrees and fully understands that it is operating as an independent contractor and is not an agent or employee of the Township of Stillwater, nor are its employees deemed to represent or be employed by the Township. The wrecker is responsible for the conduct of its employees.
B. 
The wrecker agrees to indemnify and hold harmless the Township from any and all claims arising out of the performance or nonperformance of the towing contractor.
C. 
The Township of Stillwater will not be liable for any service whatsoever which may be rendered to motor vehicles, and the garage will look only to the driver and/or owner of such vehicles for compensation.
D. 
The Township may terminate a wrecker's ability to operate in the Township if one or more of the following conditions are violated:
(1) 
The wrecker submits fraudulent or inaccurate application information.
(2) 
The wrecker provides unsatisfactory service.
(3) 
The wrecker violates Department of Insurance rules.
(4) 
The wrecker violates municipal regulations.
E. 
Complaints received by the Township regarding the wrecker, such as damage to vehicles and excessive charges, shall be directed to the Chief of Police,[1] who may then remove the wrecker from the towing list at his discretion after notice to the wrecker and an opportunity to be heard.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
A. 
An approved towing operator shall respond to a vehicle within 10 minutes after being notified by the desk office of the Police Department[1] of a necessary service call.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
B. 
A towing operator shall not permit a vehicle to be removed without proper authorization.
Every wrecker called by the Division of Police shall keep a record of the name and address of the owner of the towed vehicle. Prior to towing the vehicle from the scene of the accident or incident, the operator of the wrecker shall inspect the vehicle and hold for safekeeping property contained in the vehicle. A police officer shall countersign the list of property so prepared, and a copy shall be retained with the accident or incident report.
Any wrecker on the approved list shall charge no more than the following maximum charges:
A. 
For towing vehicles during the day, the charge will be $40 for the first mile or less and an additional fee of no more than $4.50 for each additional mile. For towing vehicles nights, weekends and New Jersey state holidays, the charge will be $50 for the first mile or less and an additional fee of no more than $4.50 for each additional mile. The day rate shall apply between 8:00 a.m. and 4:30 p.m. The night, weekend and holiday rate shall apply otherwise. This charge is for towing only. "Towing" is defined as hoisting and transporting a vehicle to another location. An additional fee of no more than $70 may be charged if winching, use of dollies and extraction are required. The towing charges shall be calculated on the total distance traveled from the wrecker’s facility to the job site and return by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile. In the event that an owner/operator of a vehicle chooses to have his or her vehicle towed to a location other than in Stillwater and other than the wrecker’s facility, the charges will be assessed on the owner/operator’s agreement with the wrecker.
[Amended 9-16-2008 by Ord. No. 2008-9]
B. 
Storage shall be $40 per day for up to 30 days. Any vehicle stored in excess of 30 days shall have an abandoned vehicle summons issued.
[Amended 9-16-2008 by Ord. No. 2008-9]
C. 
In cases where the wrecker must hire laborers or rent or use other specialized equipment, all resulting reasonable charges shall be paid by the owner of the vehicle.
D. 
In the event that it is necessary to unload a vehicle which has been used for transportation of goods prior to or after towing, an agreement shall be reached between the wrecker and the owner of the vehicle or the owner's agent or representative as to the charge for the service.
The Chief of Police,[1] in conjunction with the Township Attorney, is hereby authorized to enforce the provisions of this chapter in accordance with due process of law.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
In addition to being removed from the towing list, for violation of any provisions of this chapter, the maximum penalty upon conviction shall be a fine not exceeding $1,000 or imprisonment for a period not exceeding six months, or both.
All regulations contained herein and fee schedules of individual wreckers shall be made available to the public during normal business hours.
Nothing in this chapter shall abrogate or in any way diminish the rights of the vehicle owner/operator to have the wrecker deliver the vehicle to a location of his or her own selection.