[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 10-15-1998 by Ord. No. 1233 (Ch. 76, Part 5, §§ 76-51.1 through 76-51.18, of the 1970 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 135.
Vehicles and traffic — See Ch. 435.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE CHARGES
The charges for post-accident services, including but not limited to physical inspection, telephone and/or fax call, removal of personal items and additional paperwork.
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 any other services normally incident thereto, but does not include recovery service.
OWNER
Any person, firm or corporation who owns and/or operates a vehicle on the roads and highways within the Borough of Seaside Park which vehicle by reason of being disabled or being unlawfully upon said roads requires towing services.
POLICE CHIEF
The Police Chief of the Seaside Park Borough Police Department.
RECOVERY SERVICE
Any operation which requires the 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 or berm by several actions which may include, but not be limited to, winching and rigging. A recovery shall be when a towing operator applies his/her knowledge in a skillful manner to preserve the condition of the motor vehicle while moving the damaged vehicle to a towable position.
TOWING OPERATOR
A person, firm or corporation engaged in the business of providing wrecker services and storage services for vehicles towed, which services are made available to the general public upon such rates, charges and fees as determined by said person, firm or corporation.
TRANSMISSION SERVICE
The combined operation of removing and then replacing a transmission locking pin, when such operation is necessary before a vehicle can be moved.
VEHICLE REMOVAL CHARGE
The charge for a motor vehicle that is not moveable and has been towed into the storage facility of the primary tower's storage facility to a public street for towing by the secondary tower.
WAITING TIME
Any additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Examples of waiting time may include, but are not limited to, emergency medical services which must be performed and/or police investigations.
WINCHING
The process of moving a motor vehicle by the use of the cable from a position that is not accessible for direct hook up by conventional means for loading onto a tow vehicle. Winching shall not include pulling a vehicle onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional sling.
WRECKER
A vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles, or parts of vehicles, which are unable to be operated under their own power, for which a service charge or fee is exacted.
The Police Chief of the Borough of Seaside Park shall establish a list of persons or firms who shall be utilized by the Police Department of the Borough of Seaside Park to provide towing and wrecking services for abandoned or wrecked vehicles. The list shall be comprised of a maximum of two operators, and shall be limited to operators located within the Borough of Seaside Park. The Police Chief shall give first preference to those persons or firms who are presently utilized by the Police Department for this service. All other operators shall be given preference based upon the date of application filed by them which application is more fully described herein. The Police Chief shall also establish and maintain a secondary list for operators in the event that none of the operators on the list have adequate heavy-duty equipment to tow the vehicle in question. The placement on the secondary list shall be based on the date of the filing of the application by the person or firm wanting to be utilized by the Police Department for heavy-duty towing and wrecker services for buses, trucks and other vehicles over 1 1/2 tons.
An application for a license as a proprietor of a towing or wrecking business to be placed upon the list to be utilized by the Police Department shall be made by the person or firm engaged in operating a wrecker or wreckers. Applications shall be made on forms furnished by the Police Department and specifically report the following facts:
A. 
The full name and address of the applicant. If the application is made for a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its resident agent.
B. 
The year, make and type of each wrecker used in said business, its serial number, registration number and registered owner.
C. 
The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour per-day basis and the names of all operators, their addresses and their New Jersey drivers' license numbers. All newly hired drivers shall have their addresses and New Jersey drivers' license numbers reported to the Police Department within 10 days of their hire.
D. 
Insurance required. All towing operators shall maintain and produce proof of the following minimum insurance coverage to the Borough Clerk:
(1) 
Workmens' compensation insurance for all employees.
(2) 
Liability insurance for the wrecker in the policy limits of no less than $1,000,000 for garage keeper's liability and $500,000 per accident for legal liability.
(3) 
Theft insurance on stored vehicles.
(4) 
The certificate of insurance shall be issued by a company certified to do business in New Jersey, and each policy so required must contain an endorsement providing for 30 days' notice to the Borough in the event of any material changes in the policy or cancellation thereof.
(5) 
In addition thereto, the towing operator shall provide an indemnification and hold harmless agreement in accordance with the Borough of Seaside Park terms and conditions.
E. 
The Borough Clerk shall refer the application to the Police Department for a check of all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the business herein regulated.
F. 
The office, workshop and storage areas of the applicant must be located in zones where such use is permitted and lie within the boundaries of the Borough of Seaside Park.
G. 
Each vendor providing towing service must show proof of ownership or a lease agreement for a proper land area to store a minimum of 20 vehicles. Adequate lighting, shielded from abutting premises, shall be maintained during hours of darkness. Any change to the area or fencing at the land storage area must be submitted and approved by the Police Chief. Additionally, each towing operator shall be responsible for towing the vehicle to the Seaside Park Borough Public Works Garage for storing impounded vehicles involved in criminal transactions located within the Borough.
H. 
Each wrecker must meet all of the requirements of Title 39 Motor Vehicle Rules and Regulations, including but not limited to proper registration and inspection. Dealer registration (D plates) will not be permitted, and each vehicle must have displayed thereon the name and place of owner in three-inch letters. Further, each wrecker must have a boom-lifting capacity of at least four tons.
I. 
In addition, each wrecker must have the following equipment:
(1) 
One large broom and shovel.
(2) 
Steering wheel lock for towing vehicles from the rear.
(3) 
Tow sling-type tow bar to prevent any part of crane metal from touching towed vehicle.
(4) 
Emergency warning lights with permit.
(5) 
Portable safety lights to be installed on rear of towed vehicle, if necessary.
(6) 
Safety flares for night work.
(7) 
Quantity of Speedy Fry or other suitable absorbent for oil and gasoline spills.
(8) 
Fire extinguisher (A, B, C Type).
J. 
After the application has been submitted and been reviewed by the Police Department, it shall be forwarded to the Police Chief for approval or disapproval by him.
The Police Chief shall see that a record is maintained containing the names, addresses and twenty-four-hour telephone numbers of all licensed wreckers and a record of the types of wreckers available to meet the specific need of the emergency. The Police Chief shall also see that a record is maintained of the regular response of wreckers to police calls and any and all complaints from vehicle owners as to improper service or charges. Any complaints as to the towing and/or storage charges shall be referred to the Traffic Safety Supervisor, who shall attempt to resolve same, and shall report same to the Division of Consumer Affairs.
The Police Chief shall maintain a primary list of licensed wreckers to provide service, and secondary list to provide services that cannot be supplied by the operators on the primary list, and shall instruct all duty and investigating officers to utilize said list.
Every operator of a towing service shall give the owner a written estimate of costs and a written receipt when paid. A schedule of the towing regulations and fees shall be available during normal business hours for inspection by the public. Towing fees and charges shall be as follows:
A. 
For towing any disabled passenger automobile, motor cycle, motor scooter, station wagon, pickup truck or panel truck up to 1 1/2 ton, from any point in the Borough to any point in the Borough between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, a fee of $75 per hour, with a minimum of one hour.
B. 
For towing any disabled passenger automobile, motor cycle, motor scooter, station wagon, pickup truck or panel truck up to 1 1/2 ton, from any point in the Borough to any point in the Borough between the hours of 6:00 p.m. and 6:00 a.m., or at any time of the day or night Saturday, Sunday or state holidays, a fee of $85 per hour, for a minimum of one hour.
C. 
For all beach towing a fee of $150 per hour, with a minimum of one hour.
Recovery and winch use fees may be charged for recovery/winching of vehicles from beyond the right-of-way or berm or from being impaled beyond the right-of-way or berm at $75 per hour.
Excluded vehicle basic fees and charges shall be as follows:
A. 
For towing any disabled trucks or any omnibus over 1 1/2 tons from any point in the Borough to any point in the Borough at any time of the day or night a minimum fee of $150 per hour.
B. 
For recovery and/or winching service $112 per hour, to be charged in thirty-minute increments, thirty-minute minimum.
C. 
Cleanup/absorbent charge, labor at the scene to clean up debris, $37.50 per hour, to be charged in thirty-minute increments.
D. 
The vehicle removal charge, as defined herein, shall be $37.50.
E. 
Waiting time, as defined herein, shall be $37.50 per hour, to be charged in thirty-minute increments.
F. 
Administrative charge, as defined herein, one-time fee per vehicle, shall be $22.50.
G. 
Storage rates shall be $1 per hour for unsecured storage, and $1.50 per hour for inside storage, to be provided only upon written request of investigating authority or owner of vehicle.
H. 
Every operator of a towing service shall give the owner a written estimate of costs and a written receipt when paid. A schedule of the towing regulations and fees shall be available during normal business hours for inspection by the public.
I. 
For all beach towing, the rate shall be $150 per hour for a minimum of one hour.
[Amended 10-22-2008 by Ord. No. 1460]
A. 
The practice of cruising with a wrecker or tow truck is forbidden. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any police officer for information as to the location of any accident or soliciting the employment of the licensee's service, nor give any gratuities, fees or other compensation or gifts to any member of the Police Department.
B. 
Unless the registered owner of the vehicle to be towed is present and provides proof of ownership to the towing operator, any towing operator or other person who causes to be towed or otherwise removes any vehicle from any public or private property within the Borough of Seaside Park shall first notify the Police Department of the tow and provide the following information:
(1) 
The location from which the vehicle is being towed;
(2) 
The reason for the tow;
(3) 
A description of the vehicle, including the registration (i.e., license plate); and
(4) 
The location to which the vehicle is being towed.
C. 
Any towing operator or other person who violates this section shall be subject to the penalties set forth in § 424-14.
A. 
The wrecker license issued by the Police Chief is nontransferable and shall run from January 1 of the calendar year to January 1 of the next calendar year.
B. 
No person or corporation shall be placed on the authorized list as set forth in § 424-3 of this chapter or operate a wrecker within the Borough of Seaside Park pursuant to this chapter without first obtaining a license from the Police Chief. The license shall expire each December 31 of the year issued, unless sooner suspended or revoked by the Police Chief. The annual fee for such a license shall be $25.
C. 
Prior to issuance of license, each wrecker and storage facility will be inspected by the Police Department to ensure that all equipment and safety standards and all rules and regulations have been complied with. Any licensee not in full compliance at the time of the first inspection will not be permitted to tow until a second or subsequent inspection as conducted by the Police Department indicates said licensee is in full compliance with all rules and regulations.
A. 
The Police Chief is hereby authorized and empowered to establish reasonable rules and regulations governing the inspection and operation of wreckers.
B. 
The Police Chief shall have the power to suspend or revoke a wrecker license for violations of safety standards or rules and regulations of operation. The following shall serve as a guide in imposing penalties for violations of this chapter:
(1) 
First offense: suspension of license for one tour of duty (one week).
(2) 
Second offense: suspension of license for two tours of duty (two weeks).
(3) 
Third offense: revocation of license.
C. 
The Police Chief shall maintain proper records of licenses issued and inspections made, and shall also require all licensees to keep proper business records as to date towed, locations towed to and from, person(s) authorizing tow, year, make and vehicle identification number of vehicle being towed and to have them available for inspection by the Police Department.
By making application to be utilized as a tower or wrecker by the Police Department and by accepting such position, the person or firm agrees to:
A. 
Provide a prompt response to each call (15 minutes of notification).
B. 
Clean all debris at the accident site emanating from the accident.
C. 
Provide the Police Department with a complete, legible and concise abandoned car sheet for every vehicle, unclaimed within 15 working days and shall provide a color photograph of the vehicle, and a copy of the letter of notification to the last registered owner of that vehicle and a receipt of mailing.
D. 
Maintain a record in a bound volume of all towing and wrecking jobs handled, the name of the owner or operator involved, the charge made for the service, the date and an amount of payment.
E. 
Comply with all other terms and conditions of this chapter.
F. 
The licensee shall be responsible for the release of each vehicle. No vehicle is to be released without police authorization if there is a condition of release noted on the towed vehicle report.
Nothing in this chapter shall be construed so as to prevent any owner or operator of a motor vehicle from calling any tower or wrecker of his own choice. However, if the tower or wrecker designated by the owner or operator of the motor vehicle is not immediately available or cannot respond in a timely manner, the tower or wrecker designated on the revolving list established herein shall be utilized.
Any person who violates any one or more of the provisions of this chapter shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any licensee, who is convicted of any violation of this chapter or any criminal or quasi-criminal act may be grounds for immediate termination and revocation of the license by the Police Chief.