[HISTORY: Adopted by the Mayor and Council of the Borough
of High Bridge 6-23-2011 by Ord. No. 2011-17; amended in its entirety 6-8-2017 by Ord. No. 2017-14. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued under this chapter in the interest of fair and equitable treatment
of the motoring public and towing operators; to establish standards
for the operation of towing businesses by licensees; and to set the
rates for services performed by licensees.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Material such as sand or 'speedy dry' used to collect
liquids such as radiator fluid, oil, gasoline or diesel fuel spills.
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; fifteen-minute waiting time; hooking a motor vehicle to,
or loading a motor vehicle onto, a tow truck; transporting a motor
vehicle to a storage facility; unhooking or unloading a motor vehicle
from the tow truck; and situating the motor vehicle in the space in
which it will be stored. "Basic tow" also includes issuing documents
for release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster, issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle, and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
All vehicles zero to 6,000 pounds GVW.
All vehicles 6,001 to 26,000 pounds GVW.
All vehicles 26,001 pounds GVW or greater.
Removal and/or disposal of any debris left on the roadway
or property as a result of a motor vehicle accident or recovery.
Towing a motor vehicle when the owner or operator of the
motor vehicle has consented to have the towing company tow the motor
vehicle.
A vehicle used to tow or remove other vehicles via a hydraulic
beam or winch beam capable of handling passenger cars and small trucks,
such as pickup and small-panel trucks.
Driving an unengaged wrecker to and fro on a public street
in a manner primarily calculated to solicit business.
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
A device towed behind a heavy wrecker containing dual wheels
with a hinged pivot hitch used to replace a tractor connection to
a towed trailer. The wheels of the "fifth wheel" shall have a tire
size of not less than 10.00 by 20 inches.
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes, capable of handling all types of passenger
cars and small trucks, such as pickup or small-panel trucks, up to
1 1/2 tons load capacity.
A wrecker of either of the types set forth in the definitions
of this chapter, designed to be capable of towing heavy vehicles.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
The load capacity rating which is equal to one-third of the
total weight of the vehicle to be towed.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. "Nonconsensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
A person or other legal entity engaged in the business of
providing wrecker services and storage services for vehicles towed.
The nonconsensual towing of a vehicle at the request of the
Police Department via the tow list or otherwise requested.
A Borough-licensed wrecker operator who responds to the scene
of a police tow.
Nonconsensual towing from private property or from a storage
facility by a motor vehicle of a consumer's motor vehicle that
is parked illegally, parked during a time at which such parking is
not permitted or otherwise parked without authorization or the immobilization
of or preparation for moving or removing of such motor vehicle, for
which a service charge is made, either directly or indirectly. This
term shall not include the towing of a motor vehicle that has been
abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
A person offering or performing private property towing services.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
A Borough-licensed wrecker operator called to the scene by
the primary wrecker operator to assist.
Covering a motor vehicle to prevent weather damage.
A license issued to a tow operator allowing the tow operator
to be placed on the police tow list.
A vehicle, such as a flatbed wrecker or conventional wrecker,
that is equipped with a boom, winches, slings, tilt beds, wheel lifts,
or under-reach equipment specially designed by its manufacturer for
the removal and transport of private passenger automobiles and small
trucks up to 1 1/2 tons load capacity.
A business, located in the Borough and/or another municipality,
with a building or enclosed area in which motorcars can be sheltered
or stored, and which owns or operates tow vehicles as defined in this
section. At a minimum, each business must have at least two wreckers
with a minimum of one flatbed wrecker in order to be maintained on
the towing list. Such business must also have gasoline available for
disabled vehicles.
A list of the licensed towing businesses, maintained by the
Police Department and used for the purpose of calling the appropriate
towing service for all police needs and for removing vehicles from
accidents where the operator has not selected a towing service.
Manipulating a motor vehicle's transmission, so that
the motor vehicle may be towed.
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual, beyond the time included
as part of a basic tow.
An operation by which a vehicle is moved onto a roadway from
a position off the roadway or other operation in which substantial
work is required to prepare a vehicle for normal towing (i.e., lifting,
dragging, uprighting a vehicle, etc.).
A.
To be placed on the Police Department towing list, a towing operator's license to perform police tows is required. A maximum of four tow operator's licenses shall be available from the Borough. When a license becomes available, it shall be sold at public auction to the highest bidder upon authorization of the Borough Council. A minimum bid may be established by the Borough Council. The successful bidder shall not be awarded the tow operator's license until satisfactory completion of a license application investigation as described in § 376-3E.
B.
All tow operators' licenses issued under this chapter will commence
on August 1 and shall expire on July 31 of each year following the
date of issuance. Tow operator's licenses shall not be transferable.
If not renewed by the holder thereof, they shall automatically revert
to the Borough for resale at the discretion of the Borough Council.
C.
Application for issuance or renewal of a tow operator's license
will be made on forms prepared by the Chief of Police and shall contain
the following information, together with such other information as
the Chief of Police may find reasonably necessary to carry out the
purpose and intent of this chapter:
(1)
The name and address of the towing company's principal owner
or owners;
(2)
The address of the principal business office of the towing company;
(3)
The location of any garage, parking lot, or other storage area, where
motor vehicles or other objects moved by the towing company may be
stored or placed;
(4)
A valid certificate of insurance and a schedule of insured vehicles
that are to be utilized by the towing company;
(5)
Documentation of the manufacturer's gross vehicle weight rating
for each tow truck;
(6)
The one telephone number which will be called by the police dispatcher
on a twenty-four-hour, seven-day-a-week basis; and
(7)
A description of the security features of the vehicle storage lots.
D.
Application fees for the initial license shall be $150, and application
fees for renewal of a tow operator's license shall be $100, payable
to the Borough.
E.
The tow operator's license applications, fees and documents outlined in § 376-3E(1) through (7) above, shall be filed with the Borough Clerk. They shall be investigated and a recommendation shall be made as follows:
(1)
After the filing of a fully completed application and payment of
the fee, the Chief of Police shall cause to be conducted an investigation
to determine the accuracy and completeness of the information contained
in the application as well as an investigation as to the towing business's
prior record of compliance with the intent, purpose and regulations
established under this chapter. Each prospective licensee shall furnish
with its application a current driver's abstract, along with
executed background check waivers for all officers, principals and
employees. All driving abstracts and background check documents are
to be forwarded to the Chief of Police in a sealed envelope.
(2)
Upon completion of all investigations and inspections, the Chief
of Police shall return a copy of the application to the Borough Clerk,
indicating approval or disapproval of the application. Any disapproval
will be accompanied by a written explanation of the reasons for the
disapproval.
F.
After approval of a tow operator license application, the towing
business shall be licensed.
A.
The following shall serve as a guide for minimum standards as they
apply to tow vehicles and heavy wreckers:
(2)
Garages must maintain light permits for all wrecker emergency lighting.
(3)
No towing business on the Borough tow list shall operate a flatbed
or conventional wrecker that is more than 20 years old for Borough-sanctioned
towing services. No towing business on the Borough tow list shall
operate a heavy-duty wrecker that is more than 30 years old for Borough-sanctioned
towing services. All towing businesses on the Borough tow list will
have a grace period of one year from January 2, 2018, to comply with
this requirement.
A.
The minimum amounts of insurance a towing company shall secure and
maintain are:
(1)
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to 26,000 pounds, for the death of, or injury to,
persons and damage to property for each accident or occurrence in
the amount of $750,000, single limit; and
(2)
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than 26,000 pounds, for the death of, or injury
to, persons and damage to property for each accident or occurrence
in the amount of $1,000,000, single limit.
B.
A towing company shall also secure and maintain, for every tow truck, insurance that covers garage keeper legal liability in the amount of $100,000, and "on-hook" coverage, either as an endorsement on the insurance required by Subsection A above or in the amount of $100,000.
D.
Each policy of insurance required under this chapter must contain
an endorsement by the carrier providing 90 days' notice to the
Borough of any change of coverage or cancellation of the policy. Such
notice shall be given in writing to both the insured and the chief
of police.
E.
All insurance policies required under this chapter must remain in
full force and effect throughout the license period. If any licensee,
for whatever reason, ceases to have the insurance coverage required
by this chapter, the Chief of Police shall immediately cause that
licensee to be removed from the towing list.
A.
Towing. All vehicles shall be towed to the towing company's
storage facility having the capacity to receive it that is nearest
to the site from which the motor vehicle is towed.
(1)
Category I vehicles shall be $175 per wrecker dispatched and $4 per
mile after the first mile from the scene for any type of service call.
(a)
Flatbed fee: $25 per vehicle dispatched, which shall be charged
if a motor vehicle can be transported only by a flatbed tow truck.
(2)
Category II vehicles shall be $250 per wrecker dispatched and $4
per mile after the first mile from the scene for any type of service
call.
(a)
Flatbed fee: $25 per vehicle dispatched, which shall be charged
if a motor vehicle can be transported only by a flatbed tow truck.
(3)
Category III vehicles shall be $350 per wrecker dispatched performed
and $6 per mile after the first mile from the scene for any type of
service call.
(4)
If the vehicle is towed to police headquarters and subsequently towed to the towing service storage facility, a second towing fee for the tow from headquarters to the storage facility may be charged pursuant to the fees set forth in Subsections A(1) and (2) of this section. Storage charges will commence on the day the vehicle is towed from headquarters to the storage facility.
B.
Storage: storage fees are based on full twenty-four-hour periods
a motor vehicle is in the storage facility, in accordance with N.J.A.C.
13:45a-31.4(d).
(1)
Storage of any passenger motor vehicle: $40 per day for outdoor storage;
$60 per day for indoor storage.
(2)
Storage of trucks 18,000 pounds gross vehicle weight rating (GVWR)
or less: $40 per day for outdoor storage; $60 per day for indoor storage.
(3)
Storage of trucks over 18,000 pounds gross vehicle weight rating
(GVWR): $2 per running foot, per day for outdoor storage; $4 per running
foot per day for indoor storage.
(4)
Storage of tractors and/or trailers: $2 per running foot, per day.
(5)
Storage of motorcycles: $30 per day.
(6)
Storage of mopeds, ATVs and snowmobiles: $30 per day.
(7)
More than three trips to the motor vehicle storage, which may be
invoiced as an administrative fee: $25 per occurrence.
(8)
Release from storage facility after normal business hours or on weekends:
$50.
C.
Service fees.
(1)
Clean-up fee for the clean-up of debris on the highway or at the
scene of an accident and application of absorbent material may be
charged at the rate of $45 per vehicle.
(2)
The fee for absorbent material shall be $15 per bag.
(3)
Winching fees: $50 per half hour.
(4)
Window wrap: $25 per vehicle.
(5)
Tarping: $25 per window.
(6)
Transmission disconnect: $75 per vehicle.
(7)
Decoupling: $25 per vehicle.
(8)
Use of special equipment other than first tow truck to recover a
motor vehicle or pieces of a motor vehicle: $85 per half hour.
(9)
Tolls as incurred driving to the site from which the motor vehicle
will be towed while towing the motor vehicle from that site to the
towing company's storage facility.
(10)
Tow operators may charge $50 per quarter hour for winching fees.
D.
Unreasonable fees.
(1)
A fee for towing and storage services shall be presumed unreasonable
if it is:
(a)
More than 25% higher than the fee charged by the towing company
or storage facility for the same services when provided with the consent
of the owner or operator of the motor vehicle; or
(b)
More than 50% higher than the fee charged for such other nonconsensual
towing or related storage service by other towing companies or storage
facilities operating in the municipality from which the vehicle was
towed.
E.
Every tow operator shall provide the owner or operator of the motor
vehicle being serviced with a business card and a written receipt
of all the charges collected, with an explanation of each such charge.
A.
The Chief of Police is hereby authorized to establish a rotating
system for calling towing services. The rotating system shall equitably
distribute the calls to the listed towing businesses.
B.
The police will summon a wrecker from the established rotating list.
C.
If it becomes apparent that a licensed towing service cannot handle
a job exigent in nature, or if a separate law enforcement authority
directs, the officer in charge may at his discretion forego the towing
list and summon a towing service with proper equipment. If fees cannot
be agreed upon or negotiated at the scene, the towing service may
be directed, by police, to perform the required services with reasonable
fees to be paid by the owner.
D.
The Chief of Police or designee may institute additional reasonable
rules, regulations, requirements or standards if deemed necessary
and under emergency or exigent circumstances may suspend rotation.
The following shall apply to the conduct and requirements of
towing businesses pursuant to this chapter:
A.
No licensed tow business shall permit any wreckers to engage in cruising.
B.
All licensed tow businesses shall provide twenty-four-hour-per-day,
seven-day-per-week service.
C.
No person shall solicit or attempt to divert prospective customers
of another garage to any other garage or towing service other than
in accordance with the rotating provisions of this chapter.
D.
No person shall solicit, demand or receive from any person any commission
or fee other than the appropriate fee under this chapter for the transportation
or storage of any vehicle.
E.
Any towing business called must confirm that it is responding within
10 minutes of the call or its turn will be forfeited on the rotational
list.
F.
Any towing business which does not answer its phone within 10 rings,
or which is unable to respond for any reason, shall forfeit its turn
on the rotation list.
G.
A towing business on the Borough tow list that confirms a response
to a service call but never arrives at the call more than one time
in a calendar month shall be subject to the penalties set forth in
this chapter.
H.
All licensed towing businesses shall, in accordance with N.J.S.A.
56:13-15:
(1)
Have business office hours open to the public between 8:00 a.m. and
6:00 p.m. at least five days a week, excluding holidays; and
(2)
Be secured and, if it is an outdoor storage facility, lighted from
dusk to dawn; and
(3)
Provide reasonable accommodations for after-hours release of stored
motor vehicles.
I.
Response time to the scene of a tow must be within 30 minutes of
the time of confirmation of the assignment or else the towing business
forfeits its turn.
J.
A towing business must have space available for properly accommodating
and protecting all vehicles towed. Towed vehicles will not be stored
or allowed to remain on or along any property which is not zoned for
such storage or on public property.
K.
Police-impounded vehicles shall be stored at the business premises
of the towing operator and shall not be released without a properly
signed release form. Vehicles may, in certain circumstances, be towed
to headquarters for investigative purposes upon the request of a police
officer.
L.
Every operator shall keep a log with required details, as determined
by the Chief of Police or designee, of any vehicle towed. All towing-related
documents and receipts shall be available to the police for inspection.
M.
Towing operators shall be responsible for the actions of employees,
subcontractors, agents and/or assigns.
N.
Towing operators will comply with instructions given by the officer
in charge.
O.
No tow vehicle operator shall respond to the scene of an accident
or any scene requiring a police tow except upon notification by police
headquarters.
P.
All tow vehicle operators shall be required to clean up debris on
the highway or at the scene of an accident and apply sand or absorbent
material to normal radiator fluid, oil, gasoline, or diesel fuel spills
in accordance with state law.
Q.
No person owning or operating a tow vehicle or other automobile,
while waiting for employment, shall stand at any public street or
intersection or on any public or private property, other than his
own, without first obtaining the consent of a police officer or the
owner of the property.
R.
No person shall pay any gratuity, tip or emolument to any third person
not involved in the accident or to any police officer for any information
as to the location of any accident or for soliciting the employment
of the licensee's services, nor give any gratuities, fees or
other compensation or gifts to any members of the Police Department.
S.
Towing operators shall comply with the requests of the police officer
in charge. When specific types of wreckers are requested, those types
will be dispatched.
T.
The towing company making application to tow for the Borough shall
submit a list of its employees who will be operating the wreckers
providing service. In addition, the towing contractor will be required
to submit photocopies of the driver's licenses of those employees
who will be operating tow vehicles providing service. Those driver's
licenses may be checked periodically by the Chief of Police or his
designee to ensure valid status.
U.
The towing company shall conspicuously post the towing/storage rates
at its business in a location visible to all customers.
V.
All towing businesses which are on the Borough tow list must accept
all forms of payment from motorists.
W.
Once a wrecker is requested from the Borough tow list, the service
call shall belong to that wrecker regardless of any other towing business
that may show up at the service call location, unless exigent circumstances
exist as may be determined by conditions at the scene.
X.
Disposition of vehicles towed pursuant to this chapter shall be in
compliance with state law.
A.
The towing business shall maintain an accurate inventory of all nonconsensual
vehicle tows stored in their facility. The High Bridge Borough Police
Department will periodically inspect and compare the impound storage
list to ensure accuracy. Discrepancies will be investigated by the
High Bridge Borough Police Department.
B.
The towing business shall maintain a nonconsensual impound file which
is identical to that maintained by the High Bridge Borough Police
Department. A sample file will be provided by the High Bridge Borough
Police Department.
C.
The towing business shall maintain all records in a manner that can
be retrieved in an expedient and efficient manner to retrieve all
tow-related information. These records shall be kept for a three-year
period in accordance with N.J.A.C. 13:45a-31.9.
D.
As per N.J.S.A. 39:10A-1, the High Bridge Borough Police Department
will report the taking of possession of an abandoned motor vehicle
to the Chief Administrator of the Motor Vehicle Commission on a form
prescribed by the administrator and the National Insurance Crime Bureau.
Upon receipt of the verification of ownership of the vehicle, the
High Bridge Borough Police Department shall, within three business
days, provide notice of possession of the vehicle to the owner of
record and the holder of any security interest filed with the administrator
by telephone, mail, facsimile or electronically as per N.J.S.A. 39:10A-1.
The High Bridge Borough Police Department also, within three business
days of receiving verification of ownership of the vehicle from the
administrator, will notify the towing business of the name and address
of the owner of record and the holder of any security interest, filed
with the administrator. Upon receipt of this notice from the High
Bridge Borough Police Department to the towing business, the towing
business shall immediately provide notice as per N.J.S.A. 39:10A-1(5)a
through e.
E.
The towing business shall maintain accurate records of owner notification(s)
and attempted notification(s).
A.
At the direction of any High Bridge Borough Police Department law
enforcement officer, the towing business shall remove junk and/or
abandoned vehicles from the roadway or any other public property,
including but not limited to Borough parking lots, parks and playgrounds.
The towing business shall also remove any vehicles related to lawful
seizes by the High Bridge Borough Police Department.
B.
A junk vehicle is defined as per N.J.S.A. 39:10A-3 that such motor
vehicle is incapable of being operated safely or of being put in safe
operational condition except at a cost in excess of the value thereof.
If the vehicle is unclaimed by the owner or other person having legal
right thereto for a period of 15 business days, the towing operator
shall notify the Chief of Police or designee that the vehicle has
been held for the statutory time and that the vehicle is ready for
sale.
C.
An abandoned vehicle shall be defined as a motor vehicle which cannot
be certified for a junk title certificate pursuant to N.J.S.A. 39:10A-3.
If the vehicle is unclaimed by the owner or other person having legal
right thereto for a period of 20 business days, the towing business
shall notify the Chief of Police or designee that the vehicle has
been held for the statutory time and that the vehicle is ready for
sale. All rates and fees charged shall be as set forth herein.
D.
Proceeds from auction sale of junk or abandoned vehicles shall be
used to satisfy any towing or storage charges which may have accumulated
on the vehicles in accordance with N.J.S.A. 40:48-2.50. A detailed
receipt of charges shall be presented upon delivery of vehicle to
the auction site and approved by the High Bridge Borough Police Department
prior to all charges being satisfied by proceeds of the auction sale.
Excess proceeds shall be remitted to the Treasury of the Borough of
High Bridge as its sole property as per N.J.S.A. 39:10A-5. If the
proceeds are insufficient to cover the accumulated costs due to no
acceptable bid or no bid at all obtained at the time of the auction,
such excess costs shall be waived by the towing business in exchange
for the auctioned vehicle being relinquished to the towing business.
This waiver does not apply to the owner or other person entitled to
the vehicle that shall remain liable for the towing business bill.
This section will be administered in accordance with N.J.S.A. 39:10A-1
et seq.
A.
Nothing in this chapter shall abrogate or in any way diminish the
rights of the vehicle owner or operator to make his own selection
of tow vehicles, except where it presents a real or immediate hazard
to safety or would in any way interfere with a police investigation.
B.
Applicable sections of this chapter may in certain circumstances
be superseded by state statute and the New Jersey Administrative Code.
A.
The Chief of Police or his designee shall have the power to suspend
a towing business license if he is satisfied by clear and convincing
evidence that there has been a violation of this chapter or violations
of the rules promulgated by the State of New Jersey.
B.
Penalties for violations shall be as follows:
(1)
First offense: suspension of the towing license not to exceed 30
days and/or a fine not to exceed $150.
(2)
Second offense: suspension of the towing license not to exceed 90
days and/or a fine not to exceed $500.
(3)
Third offense: suspension from the wrecker list for a period not
to exceed one year and/or a fine not to exceed $1,000.
C.
Any suspension will be a suspension of police towing privileges only.
The towing business will remain licensed during the suspension period
and will be bound by the rules and regulations governing licensed
towing business.
D.
A towing operator's license may be revoked and the tow business
removed from the rotational list by resolution of the Borough Council.
E.
A towing business terminated from the tow list shall be considered
unlicensed and must reapply for a license at the conclusion of the
termination period. The terminated towing business will be responsible
for towing rates, storage charges and service fees as set forth in
this chapter for police-towed vehicles remaining on the lot during
the termination period.
F.
If a towing business is suspended or terminated from the rotational
list, the remaining towing businesses will be notified of the suspension
and to ascertain if they can cover the vacancy.
The Borough Clerk shall make available all fee schedules and
regulations applicable to towing for public inspection during normal
business hours.
Unattended vehicles cannot be towed from private parking lots,
unless:
A.
There is a sign posted at vehicular entrances to the property stating:
(1)
The purpose for which parking is authorized;
(2)
The times when parking is permitted;
(3)
That unauthorized parking is prohibited and unauthorized vehicles
will be towed at the owner's expense;
(4)
The name of and the contact information for the towing company and
the address of the storage facility, which must be secure and located
within a reasonable distance of the property, to which the vehicle
will be towed;
(5)
The charges for the towing and storage and the times during which
the vehicle may be redeemed; and
(6)
Contact information for the Division of Consumer Affairs (1-800-242-5864,
prompt number four).
B.
The property owner and the tow company have a contract for the towing
and the property owner has authorized the towing company to remove
the particular vehicle.
C.
The requirements do not apply to a single-family home or an owner-occupied
multiunit structure, and the signage requirements are different for
a residential community with clearly marked assigned spaces for residents.
D.
The Predatory Towing Prevention Act[1] and this section further prohibit towing companies from
the following:
(1)
Failing to release a vehicle hooked or lifted, but not actually removed
from private property, upon request of the vehicle's owner;
(2)
Paying for information about vehicles parked without authorization;
(3)
Refusing to accept an insurance company check or a debit card, charge
card, credit card or personal check for towing or storage services;
if the towing company ordinarily accepts such payment at its place
of business.
[1]
Editor's Note: See N.J.S.A. 56:13-7 et seq.
