[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 7-20-2004 by Ord. No. 2004-14. Amendments noted
where applicable.]
For the purpose of this chapter, these terms,
phrases, words and their derivations shall have the following meanings:
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Stillwater.
A private passenger or station-wagon-type automobile, not
used as a livery, and a pickup truck or van used for recreational
purposes.
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.
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:
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.
