[HISTORY: Adopted by the Township Council
of the Township of Marlboro 3-23-1978 by Ord. No. 3-78 (Ch. 147 of the 1981
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 138.
As used in this chapter, the following terms
shall have the meanings indicated:
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 highway.
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.
[Amended 10-22-1992 by Ord. No. 39-92]
A.
No person, firm, partnership, association or corporation
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 business, as provided herein. Every vehicle
operated as towing equipment shall have its own separate license,
even though it is owned or operated by a person or business entity
having other validly licensed wreckers. No license issued hereunder
may be transferred from the license to another or from one wrecker
to another wrecker.
B.
The Township of Marlboro is comprised of 32 square
miles, and there shall be issued by the Business Administrator one
wrecker business license under this chapter for each five miles or
fraction thereof area of the municipality. (There will be no limit
on how many towing equipment vehicles may be licensed per business
license.)
Except as provided in § 362-17 hereof, this chapter shall not apply to any person, firm, partnership, association or corporation which is not engaged in the business of operating a wrecker within the Township of Marlboro and which 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; or
C.
Pick up a disabled vehicle within the Township and
tow it to a destination outside the Township.
[Amended 5-25-2000 by Ord. No. 2000-13]
Application for licenses for wreckers shall be made by the owner, lessee or bailee of any wrecker, including privately owned wreckers, on blank forms to be furnished by the Police Department. Such application 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. 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. Application shall be submitted to the Township Clerk and shall be accompanied by the applicable fees as set forth in § 362-10 hereof, as well as the necessary certificates of insurance as required by § 362-11 hereof.
Within 10 business days after receipt of an
application as provided for herein, the Chief of Police or his designee
shall cause an investigation to be made and completed of the applicant,
his 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 shall be issued, shall be promptly forwarded to the appropriate
administrative officer, who shall act on such application within five
business days.
A.
Upon satisfactory fulfillment of the requirements
provided for herein and approval of the application by said appropriate
Business Administrator, said license shall be issued to the applicant.
B.
The Township Council may from time to time establish
such additional rules and regulations not inconsistent herewith as
may be desirable and reasonable governing the issuance of such licenses.
In the event that the appropriate Business Administrator
denies such application, written notification of such denial shall
be mailed to the applicant within three days of such denial. The applicant
may, within 10 days thereafter, appeal such denial to the Township
Council, which shall hold a hearing for the purpose of reviewing such
determination within 30 days of the receipt of such notice of appeal.
All wreckers licensed hereunder shall contain
a card, decal or metal plate in a form to be determined by the Chief
of Police affixed to a prominent portion of the wrecker as directed
by the Chief of Police where it can easily be read, stating the license
number of the wrecker and the rates to be charged.
[Amended 5-25-2000 by Ord. No. 2000-13]
Each license issued hereunder shall expire on
December 31 of the year in which it was issued, unless sooner revoked
in accordance with the terms of this chapter.
[Amended 10-22-1992 by Ord. No. 39-92; 2-25-2016 by Ord. No. 2016-4; 2-15-2018 by Ord. No. 2018-5]
The fee for the issuance of a wrecker's license
shall be $200.
[Amended 5-25-2000 by Ord. No. 2000-13; 2-25-2016 by Ord. No. 2016-4]
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 with the following coverages and limits: general liability, $1,000,000 per occurrence/$2,000,000 aggregate; automobile liability $1,000,000 CSL, "any auto"; worker's compensation, statutory; employer's liability, $1,000,000; umbrella liability, $2,000,000; garage liability, $1,000,000 each accident; garagekeeper's legal liability, $500,000/on hook $100,000 ($1,000 deductible). Such insurance policies shall remain in force for the duration of each wrecker's license. All insurance policies shall contain an endorsement requiring that at least 60 days of prior written notice shall be given to the Township by the insurer of any intention not to renew such policy or to cancel, replace or materially alter the same. To be eligible for inclusion in the Police Department call list as provided for in § 362-20 hereof, each insurance policy referred to in this section shall specifically name the Township as an insured party. 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.
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.
D.
Carry a fire extinguisher, five pounds CO2 or dry powder or equivalent.
E.
Carry such equipment as is reasonably necessary to
effectively clear and clean up the scene so as to render the area
clear and safe for other drivers and pedestrians passing through the
subject road and walkways.
[Amended 5-25-2000 by Ord. No. 2000-13]
F.
Carry Speedy Dry, and use it when necessary to assist
in clearing and cleaning up a scene so as to render the area clear
and safe for other drivers and pedestrians passing through the subject
road and walkways.
[Amended 5-25-2000 by Ord. No. 2000-13]
G.
Any wrecker or wrecker company that wishes, at any
time, to tow commercial vehicles exceeding two tons shall receive
all necessary New Jersey State inspections and endorsements for the
classes of vehicle the wrecker company wishes to tow. Proof of proper
class and weight endorsements shall be furnished to the Police Department
before any such towing will be allowed.
[Amended 5-25-2000 by Ord. No. 2000-13]
H.
Meet such other reasonable safety standards as may
from time to time be established by the Township Council or as directed
by state laws for traffic safety.
[Amended 10-22-1992 by Ord. No. 39-92]
[Amended 10-22-1992 by Ord. No. 39-92]
The enforcement of the provisions of this chapter
shall be under the control of the Police Department but shall not
supersede or conflict with state laws or their amendments.
[Amended 6-12-1980 by Ord. No. 16-80; 4-10-1986 by Ord. No.
10-86; 5-28-1988 by Ord. No. 22-88; 10-22-1992 by Ord. No. 39-92; 5-25-2000 by Ord. No. 2000-13; 12-18-2018 by Ord. No. 2018-22; 3-4-2021 by Ord. No. 2021-003]
The maximum rates that may be charged for the use of a wrecker
for towing a disabled vehicle from a point within the Township to
a destination within the Township or within 10 miles of its borders,
including on weekends and holidays, are as follows:
D.
Cleanup of accident scene mandatory at accident scene per N.J.S.A.
39:4-56.8: $50.
E.
Waiting time: $60 per hour, to commence 1/2 hour after the arrival
at the scene.
F.
Storage charges: first full calendar day with each day starting at
12:01 a.m. and ending at 12:00 midnight will be free. Vehicles will
be available to be released from 7:00 a.m. to 5:00 p.m., Monday through
Friday. Releasing vehicles other than during normal business hours
will result in an additional $50 fee. The following daily storage
charges shall apply after the first calendar day:
[Amended 10-22-1992 by Ord. No. 39-92; 12-18-2018 by Ord. No. 2018-22]
The maximum rates fixed in § 362-14 hereof shall apply to the towing and storage of all passenger vehicles and shall apply as well to the towing and storage of all nonpassenger vehicles. In the case of service rendered to other types of vehicles, services of a nature not specified in § 362-14 hereof and 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 § 362-14 hereof shall not apply to a licensed or unlicensed wrecker for towing of a kind described in § 362-3 of this chapter.
The operator of a wrecker shall advise the customer
of the charges for services to be rendered in advance of his rendition
and give the customer a receipt for the fee paid.
No driver, operator, owner or licensee of any
wrecker shall:
A.
Engage in cruising as defined herein.
B.
Seek employment by repeatedly and persistently driving
a wrecker to and from 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.
C.
At the scene of an accident, park a wrecker on any
public street or intersection, or any public or private property,
other than his own, without first obtaining the consent of a police
officer or the owner of the property.
D.
Solicit or attempt to divert prospective patrons of
another wrecker or divert prospective patrons of one garage to another.
E.
Solicit, demand or receive any commission or fee from
any person except the proper fee for service to and transportation
of a disabled vehicle.
F.
Offer or 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 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.
[Added 5-25-2000 by Ord. No. 2000-13; amended 12-18-2018 by Ord. No.
2018-22]
A.
An application fee equal to 1/2 the fee required by § 362-10 must accompany an application to transfer a wrecker license. The application must be filed with the Township Clerk, with a copy to the Chief of Police. The purpose of the transfer fee is to defray Township costs incurred in processing said transfer application.
B.
Whenever a wrecker license is transferred, the new owner must submit
a complete application, and if all criteria is met will be automatically
placed on the eligible list, as determined by the Chief of Police.
Transferee shall retain all rights and privileges afforded the previous
owner as long as the transferee meets all eligibility criteria under
this section.
[Amended 12-18-2018 by Ord. No. 2018-22]
A license issued under this chapter may be suspended by the
Chief of Police or some member of the police force designated by him
for the violation of any provision of this chapter or any regulations
adopted thereunder. Upon such suspension, the licensee shall be entitled
by application in writing to a hearing before the Business Administrator,
as to whether such license should be restored, and said Business Administrator
shall have the authority to restore said license, affirm the suspension
and/or fix the length of such suspension. The Business Administrator
may, after hearing, revoke any license issued under this chapter for
the violation of any provision of this chapter or any regulations
adopted thereunder. The Township shall cause to be served upon said
licensee, not less than five days before the hearing to be held for
said revocation, written charges, and said applicant may file written
answers thereto not less than two days prior to said hearing, and
said licensee shall be entitled to be represented by counsel and present
his defense to said charges. There shall be no refund of any wrecker
license fees paid in the event of the suspension or revocation of
a license under any circumstances.
[Amended 5-28-1988 by Ord. No. 22-88; 10-22-1992 by Ord. No.
39-92; 5-25-2000 by Ord. No. 2000-13]
A.
The Chief of Police or his designee is authorized
to establish a rotating call list of wreckers performing towing service
for the Township or to be called 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 wrecker to remove the
disabled vehicle. A current copy of the call list shall be available
for inspection by the public at the office of the Township Clerk and
shall be maintained in the Marlboro Free Public Library. The list
shall be promulgated in six-month intervals by the Chief of Police
on December 1 of each year to be effective January 1 of the following
year and on June 1 of each year to be effective July 1 in six month
intervals. New licensees meeting eligibility criteria shall be added
to the next successive list.
B.
Eligibility requirements. To be eligible for inclusion in the call
list, a wrecker must:
[Amended 12-18-2018 by Ord. No. 2018-22]
(1)
Hold a current and valid wrecker's license issued under the terms
of this chapter.
(2)
Be owned or operated by a person, firm, partnership, association
or corporation engaged in the business of operating a wrecker, who
shall have a response time to every area of the Township of Marlboro
of no more than 25 minutes.
(3)
Have a storage area for towed vehicles located within the borders
or within three miles of the borders of the Township of Marlboro.
Said location must include a fenced and secured area for the storage
of the towed vehicles. License holders shall maintain their own storage
facilities and not share a facility or facilities with any other license
holders.
C.
In exercising the authority delegated to him by this
section, the Chief of Police 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
nondiscriminating basis in rotating order. Notwithstanding the foregoing,
the Chief of Police or his designee may adopt such equitable and reasonable
procedures as he deems necessary to take 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. In the case of a disabled vehicle obstructing traffic or
likely to create a traffic hazard, the 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.
D.
The Chief of Police or his designee shall maintain
a record of all calls placed to the wreckers on the call list. In
the event that a wrecker fails to respond to 50% or more of all calls
received by that wrecker in a calendar month, then the wrecker shall
be suspended for the following calendar month. A copy of the response
record shall be made available to a wrecker who is suspended.
E.
Any wrecker that is suspended on two separate occasions or for four
months out of a twelve-month period shall be removed from the authorized
call list.
[Amended 12-18-2018 by Ord. No. 2018-22]
F.
Upon request, license holder shall submit all invoices/bills pursuant
to this section to the Police Traffic Safety Bureau for review.
[Added 12-18-2018 by Ord.
No. 2018-22]
G.
Any refusal to respond to a request by the Marlboro Division of Police
to aid a disabled motor vehicle shall be cause for removal from the
authorized call list.
[Added 12-18-2018 by Ord.
No. 2018-22]
[Added 5-25-2000 by Ord. No. 2000-13]
Any person having a grievance against a licensee
under this chapter may seek redress in the following manner:
A.
Complaints.
(1)
All complaints shall be filed, during normal operating
hours, with the Chief of Police. The complaint will set forth with
particularity all relevant facts and documentation upon which the
complaint is based and must contain an affidavit verifying the facts
contained therein to be true and accurate. The complainant may request
a hearing before the Chief of Police with regard to the subject matter
of this complaint.
(2)
The Police Department shall forward all complaints
to the Division of Traffic and Safety, who shall review such complaints,
and file a recommendation with the Chief of Police within 15 days
of receipt of the complaint.
(3)
The Chief will conduct a hearing and render a decision
within 45 days from the date the complaint was filed.
B.
Appeals.
(1)
The complainant may appeal the decision made by the
Chief of Police, provided that said appeal is filed within 10 days
following the issuance of the decision.
(2)
All appeals shall be filed with the Business Administrator.
Said Administrator shall review the case based upon the record before
the Chief of Police and issue a decision within 30 days.
[Added 5-25-2000 by Ord. No. 2000-13]
The Marlboro Township Police Department is authorized to enforce the provisions of this chapter, in accordance with § 362-13 of the Marlboro Township Code;
[Amended 12-10-1981 by Ord. No. 47-81]
Every person, firm, partnership or corporation 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 the penalties in § 4-3 of the Code.
