[HISTORY: Adopted by the Mayor and Council of the Borough of Metuchen 2-3-2003 by Ord. No. 2003-3. This ordinance repealed former Ch. 193, Wreckers and Towers, adopted 7-2-1979 by Ord. No. 79-12, as amended. Amendments noted where applicable.]
The purpose of this chapter is to provide standards, regulations and rates for all police-requested towing and roadside repair services on roadways within the Borough of Metuchen. Police-requested services shall be rotated among licensees and provided under the supervision of the Police Department of the Borough of Metuchen.
As used in this section, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of a vehicle 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.
CRUISING
The operation of an unengaged tow truck along the public streets in any fashion intended or calculated to solicit business.
EMPLOYEE
Any person employed by a licensee to operate a wrecker.
GROSS VEHICLE WEIGHT
The registration weight, the manufacturer's gross vehicle weight rating or actual weight.
WRECKER
A vehicle used to tow or remove other vehicles usually so damaged or disabled that they cannot proceed under their own power. Class I wreckers are capable of towing or removing a category I vehicle and class II wreckers are capable of removing or towing a category II vehicle.
A license shall be required to perform police-requested towing and roadside repair services on roadways within the Borough of Metuchen. Any person or entity wishing to obtain a license pursuant to this chapter shall submit a license application to the Borough Clerk.
Licenses shall be issued by the Borough Clerk. Each license shall be issued for a maximum term of one year and shall terminate on January 1st of the year following its issuance.
A. 
A fee of $50 per vehicle shall be paid annually by the license applicant in order to obtain a license for light tow.
B. 
A fee of $100 shall be paid annually by the license applicant in order to obtain a license for heavy tow.
C. 
License fees shall be nonrefundable for any reason.
No person or entity shall be eligible for the issuance of a license unless the following requirements are fulfilled:
A. 
All towing equipment utilized by applicants shall be in compliance with state, federal and local laws.
B. 
Applicants shall have the following minimum equipment:
(1) 
One wrecker capable of removing an automobile.
(2) 
Safety equipment to be carried on all trucks shall include: A universal towing sling, except flatbeds; J-hooks and chains; one snatch block for three-eights to one-half inch cable; two high-test safety chains; auxiliary safety light kit to place on rear of towed vehicle; four-lamp or three-lamp revolving amber light or lamp bars of at least 500 candle power pointed to the rear, mounted so as not to be obstructed by the towed vehicle(s) and said lights must be engaged during the removal of the vehicle(s); at least three flares or other suitable warning devices visible for a distance of not less than 1,000 feet from the disabled vehicles; toolbox with assortment of hand tools; rear working lights and rear marker lights; cab lights; bodyclearing lights located to clear towed vehicle; blocking choke for wrecker while working safety cones; shovels and broom; steering wheel lock or tiedown; and an operational fire extinguisher designed for vehicular fires which must be 25lb BC dry chemical; and five gallons of absorbent granules for cleaning up fluid spills.
(3) 
All wreckers must be properly and permanently lettered on both sides according to Title 39 of the Motor Vehicle Code of New Jersey.
C. 
License applicants shall submit a detailed list of all wreckers and service vehicles, as well as supplementary/auxiliary equipment owned or leased which will be used in performance of this chapter. A copy of the vehicle registration, amber light permit(s), certificate of insurance for vehicles and property, insurance cards and leases must also be provided with this list. The list must contain the following information; type of vehicle, year/make, capacity and condition of the vehicle.
D. 
License applicants shall demonstrate that they maintain a storage facility properly zoned for such use. Each license applicant must have an outdoor storage area large enough to accommodate at least 10 vehicles. Each license applicant may have an indoor, secured storage area sufficient to house at least two vehicles and provide twenty-four-hour security for the same for the storing of impounded vehicles involved in criminal matters.
E. 
License applicants shall maintain the following insurance:
(1) 
A garage keeper's liability policy covering fire, theft, and explosion in the minimum amount of $60,000.
(2) 
A garage liability policy covering the operation of the licensee's equipment or vehicles for an amount of $300,000 for any one person killed or injured in any one accident; and $100,000 for all property damage from one accident.
(3) 
Automobile liability insurance in the amount of not less than $1,000,000 combined single limit for bodily injury and property damage liability.
(4) 
Worker's compensation insurance insuring the obligation of the wrecker operator under the New Jersey Workers' Compensation and Occupational Disease Laws.
(5) 
Insurance policies shall provide collision coverage for vehicles in tow.
F. 
License applicants shall submit the following for the applicant and all employees: name, address, date of birth, social security number, photocopies of all New Jersey Drivers' licenses (including commercial drivers licenses), signature, name and address of an individual to contact in case of emergency. The Metuchen Police Department shall conduct background investigations of all license applicants and their employees. Any person with a criminal record will not be allowed to perform Police Department towing and service and/or be issued a license.
All licensees shall comply with the following requirements of conduct and performance:
A. 
Signs in view of the public shall be posted at storage facilities which contain the licensee's license number, business name, phone number, hours of operation, and towing fee schedule as outlined in this chapter in its entirety.
B. 
Outdoor storage areas must be able to be entirely lit from dusk through dawn and must be entirely enclosed by a sturdy fence at least eight feet in height, unless any statute or regulation requires otherwise. Storage areas shall be kept clean so as to be reasonably accommodating to persons who may come upon said premises.
C. 
Licensees shall not store towed vehicles on top of one another, shall not park any said vehicles on public roadways or sidewalks, nor shall licensees block any public roadways or sidewalks with towed vehicles.
D. 
Employees of licensees must be registered with the Metuchen Police Department prior to performing any services for licensees. Information on employees shall be updated every 90 days in order to keep current with changes in personnel.
E. 
Licensees and/or their employees must possess a valid New Jersey driver's license.
F. 
Licensees and/or their employees shall be fully trained and knowledgeable in the operation of all required equipment.
G. 
Licensees and/or their employees must be equipped with and trained in the basic tools necessary to perform minor roadside repairs.
H. 
Licensees and/or their employees must be equipped with and trained in the necessary tools and equipment to perform all facets of the safe and efficient removal of all types of motor vehicles under this chapter regardless of the physical condition of the vehicle.
I. 
Licensees are responsible for the removal of all debris from an accident scene, which includes sweeping the roadway. Licensees and/or their employees must be equipped with and trained in the necessary equipment needed to completely remove, and must remove, all nonhazardous debris from the scene of the accident. Debris must be placed in a container or bag. Any minor fluid spills will be picked up by the wrecker operator and may be put out in the regular trash after 24 hours.
J. 
Licensees and their employees must wear orange reflective safety vests when engaged in the towing or repair of motor vehicles while on public roadways.
K. 
Licensees and their employees must follow the directions of law enforcement personnel.
L. 
Licensees and their employees are expected to always act in a professional manner and at all times to be courteous and respectful towards members of the public. Licensees and their employees shall not represent to any member of the public that they are employees of the Borough of Metuchen.
M. 
Licensees shall not engage in cruising.
N. 
Licensees shall be responsible for all vehicles and contents in their custody that were towed off the roadway under the direction of the police.
O. 
Licensees and their employees shall preserve evidence needed for potential criminal and civil cases at the direction of law enforcement personnel. Vehicles involved in criminal matters which are impounded and stored in a licensee's storage area shall not be removed from such storage area until written permission is obtained from the Metuchen Police Department.
P. 
Licensees shall notify the Metuchen Police Department on a monthly basis if they are in custody of any unclaimed vehicles. The Police Department will file for titles of abandoned motor vehicles left on a licensee's premises. Any licensee failing to notify the Metuchen Police Department within 30 days that a vehicle has been abandoned shall forfeit storage fees for days in excess of 30 days such vehicle is stored.
Q. 
Licensees and their employees shall cooperate with other licensees and their drivers in case of emergency services at the scene of the accidents and/or disasters.
R. 
Licensees shall arrive at the scene within 20 minutes from a police request for service.
[Amended 4-17-2017 by Ord. No. 2017-06]
S. 
Wreckers shall be maintained and operated in a safe and prudent manner and in accordance with all existing traffic regulations.
T. 
Licensees shall maintain an accurate file of all vehicles towed. Such files shall be maintained for three years.
U. 
Licensees shall make their storage facilities open to the public Monday through Friday, 8:00 a.m. to 6:00 p.m.
V. 
Licensees must post the fee schedule contained in this section in its entirety on each wrecker in easy view of the public.
W. 
Licensees shall fill out an abandoned vehicle form and bring it to the Metuchen Police Department on the thirty first (31st) day of holding a vehicle. If the vehicle is sold at a public auction, the minimum bid will be the cost of the tow and storage fees unless a lower bid is authorized by the licensee.
X. 
All licensees must have a phone number where they can be reached 24 hours a day to take calls for police-requested towing and service. Such phone number may not be a beeper number. There will be at least one yearly meeting between all licensees and the Metuchen Police Department. All licensees will have at least one representative present.
Y. 
If a licensee fails to respond to a towing or service call in a timely manner, the next licensee on the appropriate list shall be called to handle the call. A wrecker which arrives at the site of a towing or service call after the time to respond has expired shall not be allowed to handle that call, in the event a second licensee has already been called to handle the towing or service call.
Z. 
Licensees may not transfer a license issued pursuant to this chapter under any circumstances.
AA. 
All towing equipment utilized by licensees shall be in compliance with state, federal, and local laws and shall be inspected by the Metuchen Police Department on an annual basis.
BB. 
All towing equipment utilized by licensees shall be in compliance with state, federal, and local laws and shall be inspected by the Metuchen Police Department on an annual basis.
A. 
The following fees are the maximum fees which may be charged by licensees:
Service
Rate
Towing charge
All towed vehicles except heavy duty
$75 for 24 hours
Motorcycles
$95
Additional charges, light-duty tows
Winching cable
$40
Up righting
$40
Storage
Storage of all towed vehicles except heavy duty
$20 per day/day in-day out
Administrative charges
Moving of vehicles
$35 per vehicle
B. 
In accordance with N.J.S.A. 40:48-2.50, all fees paid to a licensee by the Borough of Metuchen for the storage of motor vehicles shall not exceed the following:
(1) 
A limit of $3 per day for the first 30 days of storage per vehicle;
(2) 
A limit of $2 per day for the 31st day of storage and any day thereafter, and;
(3) 
A limit of $400 per vehicle stored regardless of the duration of the storage, except that a waiver may be granted for good cause upon the request of a municipality by the Division of Local Government Services in the Department of Community Affairs.
(4) 
Vehicles stored on the property of the Borough of Metuchen shall be subject to a storage fee of $20 per day payable to the Borough.
(5) 
Licensees may accept Visa, MasterCard, or cash as payment for services. Checks, if accepted, will be by mutual consent of tow company and motorist.
(6) 
Mileage fees are not permitted within the borders of Metuchen. No other fees or charges are permitted except as set forth above.
C. 
Response times. Licensee shall arrive at the scene within 20 minutes of the request made by the Police Department. If a licensee/tower does not respond within the allowed response time, the Police Department may call the next licensee/tower on the approved list and the first licensee/tower shall forfeit all rights to any fees or charges for their failure to meet the response time requirements of this chapter. In addition a licensee who fails to meet the response time requirement may also be subject to disciplinary action pursuant to Section 193-9, including not limited to a suspension for up to three days or for repeat offenders license revocation and removal from the list set forth in Section 193-10.
A. 
The Police Chief or his designee may suspend or revoke the license of any licensee if the licensee fails to comply with the requirements of this chapter.
B. 
The Chief of Police or his designee shall hold a hearing prior to suspending or revoking any license, except that the Chief of Police or his designee may order an immediate temporary license suspension in the interest of public health and safety and welfare. Licensees shall be given notice of the hearing at least five business days prior to a hearing date. Licensees shall be entitled to a hearing within five business days of any temporary suspension to determine whether any further action is necessary.
The Police Department shall maintain current rotational lists of wrecker operators for police-requested service calls and towing calls. The Police Department shall maintain a list for service calls and two towing call lists; one for wreckers capable of towing light-duty vehicles and one for wreckers capable of towing heavy-duty vehicles.
The Chief of Police may promulgate rules and regulations to implement the provisions of this chapter.