[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 7-27-1998 by Ord. No. 20-98 (Ch. 97A of the 1972
Code); amended in its entirety 5-14-2013 by Ord. No. 06-13.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 any other services normally incident thereto,
but does not include recovery service.
The Chief of Police of the Jackson Township Police Department.
Any truck, omnibus or other vehicle 26,001 pounds or greater,
or any over-height or over-width vehicle.
Any passenger automobile, station wagon, pickup truck or
panel truck up to 15,000 pounds, or any motor scooter, motorcycle,
or all-terrain vehicle.
Any truck, omnibus or other vehicle from 15,001 to 26,000
pounds.
Shall include the Towing and Recovery Association of America,
WreckMaster, and the Garden State Towmen's Association.
Any person, firm or corporation who owns and/or operates
a vehicle on the roads and highways within the Township of Jackson
which vehicle by reason of being disabled or being unlawfully upon
said roads requires towing services.
Any item that is not directly affixed to a vehicle.
Motor vehicles which are towed at the direction of the Police
Department because they have been stolen, involved in a criminal or
motor vehicle offense requiring investigation, are unregistered, uninsured,
operated by unlicensed drivers, or when required by law (including
driving while intoxicated), or which have been involved in fatal accidents
or accidents which, in the judgment of the police, may become fatal,
shall be considered police impounds. Such vehicles shall be covered
by a tarp or stored indoors when requested by police. Police impounds
shall be towed to either the towing operator's storage area or
a location designated by the police. Police impounds shall not be
released, entered or photographed without prior police approval.
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.
A call to a wrecker operator to perform minor service or
repair to a vehicle, including, but not limited to, changing of rims/tires,
fuel service, jump starts, etc.
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.
The combined operation of removing and then replacing a transmission
locking pin, when such operation is necessary before a vehicle can
be moved.
The charge for a motor vehicle that is not movable and has
been towed into the storage facility of the primary owner and must
be towed out of the primary tower's storage facility to a public
street for towing by the secondary tower.
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.
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.
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 Chief of Police of the Police Department of the Township
of Jackson shall establish lists of persons or firms who shall be
utilized by the Police Department of the Township of Jackson to provide
towing and wrecking services for abandoned or wrecked vehicles. Two
lists shall be maintained. One list shall be maintained for light-duty
vehicles. This list shall be comprised of a maximum of eight towing
operators. The second list shall be maintained for medium- and heavy-duty
vehicles. This list shall be comprised of a maximum of three towing
operators. In establishing the lists, the Chief of Police 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 Chief of Police
shall also establish and maintain a waiting list for operators in
the event the number of authorized operators exceeds eight and three,
respectively. The placement on the waiting list(s) 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 towing and wrecker
services. The waiting list shall expire concurrently with the yearly
expiration of towing licenses.
[Amended 10-25-2016 by Ord. No. 24-16]
An application for a license as a proprietor of a towing or
wrecking business to be placed upon the lists 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
driver's license numbers. All newly hired drivers shall have
their addresses and license and New Jersey driver's license numbers
reported to the Police Department within 10 days of their hire.
D.
All applicants, wrecker operators, and agents of applicants, as well
as all officers and directors if a corporation, must submit to a criminal
history check upon the initial application and each inspection cycle
thereafter. Each wrecker operator, applicant, agent, officer or director
shall not have received a criminal conviction within the last seven
years for any indictable offense or any offense involving theft, fraud,
embezzlement, receiving or trafficking in stolen property, or any
other offense of a similar nature. Each wrecker operator, agent, officer
or employee of the applicant must notify the applicant/his or her
employer upon any conviction of the above-mentioned offenses or any
other offense of a similar nature. Upon notification, the applicant
shall notify the Jackson Township Police Department immediately.
E.
Insurance required. All towing operators shall maintain and produce
proof of the following minimum insurance coverage to the Township
Clerk:
(1)
Workers' 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 $1,000,000
per accident for legal liability.
(3)
Theft insurance on stored vehicles.
(4)
On-hook insurance coverage.
(5)
Cargo insurance coverage.
(6)
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 thirty-day notice to the Township in
the event of any material changes in the policy of cancellation thereof.
(7)
In addition thereto, the towing operator shall provide an indemnification
and hold harmless agreement in accordance with the Township of Jackson's
terms and conditions.
F.
No towing operator shall be directly involved with another applicant.
Examples of direct involvement include the sharing of business licenses,
tow trucks or equipment, storage or office space, or employees.
G.
Applicants currently on the approved towing list on the effective date of this act may continue to operate under any existing agreement for the sharing of storage space, provided that the entity providing storage space under such agreement meets the minimum storage requirements specified in Subsection I of this section with respect to each towing operator utilizing such space. However, any change in owner, principal, or business location of a towing operator operating with such agreement shall terminate this exception.
H.
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 Township of Jackson. Sharing of such spaces among towing operators is not permitted except as permitted in § 388-3G. Permanent restroom facilities shall be available for the use of patrons at the vendor's storage location. Restroom, office, and waiting areas shall be maintained in a clean and presentable condition. Towing operators shall comply with all applicable provisions of the Americans with Disabilities Act. Vendors currently on the approved towing list who do not meet this requirement on the effective date of this chapter must comply by July 1, 2014.
I.
Each vendor providing light-duty towing service must show proof of
ownership, such as a tax bill, corporation paperwork, or similar documents,
or a lease agreement for a proper land area to store a minimum of
20 vehicles. Each vendor providing heavy-duty towing service must
show proof of ownership or a lease agreement for a proper land area
to store a minimum of 20 light-duty vehicles plus four tractor-trailer
vehicle combinations. Each land storage area must be fully enclosed
by a stockade or chain-link fence in good repair and a minimum of
six feet in height. 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 Chief of Police. Additionally, each towing operator shall have
access to secured indoor storage for storing impounded vehicles when
requested by the Police Department.
J.
Each wrecker must meet all of the requirements of Title 39, Motor
Vehicles Law, 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
the owner in three-inch letters.
K.
Each wrecker, when on duty, will be responsible for changing tires
on police vehicles at any time when required to do so. Said wrecker
is to have in his possession, when on duty, a number of police tires
supplied by the Township and is required to pick up said tires from
the outgoing duty wrecker at the time his tour of duty commences.
The wrecker may charge the Township a fee of $25 for service.
L.
Each light-duty wrecker operator must have the following equipment:
(1)
Two wreckers, at least one of which must be a flatbed chassis.
(2)
For a conventional wrecker, minimum 14,500 pounds GVWR commercially
manufactured conventional boom lift wrecker and chassis, with a 3,000
pounds minimum wheel lift capacity, 8,000 pounds winch capacity, and
8,000 pounds hydraulic boom capacity, with 100 feet of three-eighths-inch
cable, and the following equipment:
(a)
One large broom and shovel.
(b)
Steering wheel lock or other types of commonly used devices
for towing vehicles from the rear.
(c)
Tow-sling-type tow bar to prevent any part of crane metal from
touching the towed vehicle.
(d)
Emergency warning lights with a permit.
(e)
Portable safety lights to be installed on the rear of the towed
vehicle, if necessary.
(f)
Safety flares or safety triangles.
(g)
Minimum of 25 pounds of Speedy Dry or other suitable absorbent
for oil and gasoline spills.
(h)
Fire extinguisher (ABC type).
(i)
Snatch block of a size appropriate to the winch cabling of the
wrecker, four-ton minimum.
(j)
Toolbox with assorted hand tools.
(k)
DOT-approved traffic safety vest.
(l)
Appropriate and adequate chains as circumstances dictate.
(m)
Wheel lift safety straps or equivalent wheel retention device.
(n)
Trailer ball hitch attachments.
(o)
Motorcycle towing equipment.
(p)
Flashlight
(q)
Two-way radio or cellular telephone.
(r)
Jumper cables or jump box device.
(s)
Gasoline can.
(t)
Lug wrench.
(u)
Assortment of wood blocks and boards.
(3)
For a flatbed chassis, all of equipment noted above, a minimum 14,500
pounds GVWR commercially manufactured flatbed and chassis with a seventeen-foot
or longer hydraulically operated slide-back or tilt bed, minimum 3,000
pounds wheel lift capacity, 8,000 pounds winch capacity, 50 feet of
three-eighths-inch cable, and the following:
M.
Each heavy-duty wrecker operator must have the following equipment:
(1)
Two 33,000 pounds GVWR minimum commercially manufactured hydraulic
wreckers and chassis with underreach capability.
(2)
Oshkosh- or Sterling-type crane may be substituted for one hydraulic
boom wrecker.
(3)
At least one truck shall have an axle lift with 25,000 pounds minimum
lift capacity and 80,000 pounds tow capacity.
(4)
Each wrecker must have 50,000 pounds minimum winch capacity.
(5)
Each wrecker must have 50,000 pounds minimum boom capacity.
(6)
Air brakes.
(7)
Air transfer system for controlling brakes of the towed vehicle.
(8)
Five-eighths-inch by two-hundred-foot cable or OEM specifications.
(9)
Appropriate and adequate chains as circumstances dictate.
(10)
Four tie-down chains, 5/16 inch by 10 feet and four chain binders.
(11)
Recovery straps, six inches by 20 feet or longer.
(12)
Axle lift safety straps or equivalent retention device.
(13)
Two Scotch blocks or recovery stiff legs mounted into the body
of the truck.
(14)
Two twelve-ton snatch blocks per winch.
(15)
Amber emergency lights with a permit.
(16)
Two flood or work lights to the rear of the wrecker.
(17)
Two-way radio or cellular phone.
(18)
Assortment of wood blocks and boards.
(19)
Assortment of tools.
(20)
Flashlight.
(21)
Angle iron.
(22)
Tow light bar or magnetic tow lights.
(23)
T-bolts/maxi release pins.
(24)
Hydraulic bottle jack.
(25)
DOT-approved traffic safety vest.
(26)
Minimum of 25 pounds of Speedy Dry or other suitable absorbent
for oil and gasoline spills.
(27)
Fire extinguisher (ABC type).
(28)
Large broom and shovel.
(29)
Safety flares, triangles or road cones.
(30)
Additional equipment, either owned or subcontracted:
(a)
One air cushion recovery system including starter cushions,
with motor driven air pump, with a lifting capacity of 100,000 pounds.
(b)
One semi-tractor with a fifth wheel.
(c)
One lowboy or Landoll-type equipment hauling trailer with minimum
hauling capacity of 40,000 pounds.
(d)
One relief trailer or truck capable of transferring loads off
damaged trucks.
N.
Notwithstanding the provisions of § 388-3B, currently licensed applicants who fail to meet the minimum equipment requirements outlined above may be licensed upon show of proof of a formal agreement with another licensed operator for the provision of shortfall equipment. This exception shall expire June 30, 2014, when all applicants must meet all minimum equipment requirements.
O.
The Township 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.
P.
After the application has been submitted and been reviewed by the
Traffic Services unit, it shall be forwarded to the Chief of Police
for approval or disapproval by him.
The Chief of Police 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 Chief of Police 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 Chief of Police shall maintain a weekly revolving list of
licensed light-duty wreckers, and a weekly revolving list of licensed
heavy-duty wreckers to provide service where needed and shall instruct
all duty and investigating officers to utilize said list. Nothing
herein shall be construed to prevent the Police Department from contacting
towing operators out of order from the list for safety reasons or
the existence of special circumstances, upon approval of a member
of the Traffic Unit or a supervisor.
[Amended 10-25-2016 by Ord. No. 24-16; 8-13-2019 by Ord. No. 23-19]
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 provided to each applicant by the Police
Department shall be conspicuously posted at the applicant's places
of business and 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, station wagon, pickup
truck or panel truck up to 15,000 pounds, from any point within 10
miles of the limits of the Township to any point within 10 miles of
the limits of the Township between the hours of 6:00 a.m. and 6:00
p.m., Monday through Friday, a fee of $150 plus $6 per mile.
B.
For towing any disabled passenger automobile, station wagon, pickup
truck or panel truck up to 15,000 pounds, from any point within 10
miles of the limits of the Township to any point within 10 miles of
the limits of the Township 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 $175 plus $6 per mile.
C.
For towing any disabled truck or any omnibus from 15,001 pounds through
26,000 pounds, or any motor scooter, motorcycle, or all-terrain vehicle,
from any point within 10 miles of the limits of the Township to any
point within 10 miles of the limits of the Township, between the hours
of 6:00 a.m. and 6:00 p.m., Monday through Friday, a fee of $200 plus
$6 per mile.
D.
For towing any disabled motor scooter, motorcycle, or all-terrain
vehicle, or any truck or any omnibus from 15,001 pounds through 26,000
pounds, from any point within 10 miles of the limits of the Township
to any point within 10 miles of the limits of the Township, 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 $225 plus $6 per
mile.
E.
For towing any truck or any omnibus from 26,001 pounds or greater,
from any point within 10 miles of the limits of the Township to any
point within 10 miles of the limits of the Township, between the hours
of 6:00 a.m. and 6:00 p.m., Monday through Friday, a fee of $500 per
hour.
F.
For towing any truck or any omnibus from 26,001 pounds or greater,
from any point within 10 miles of the limits of the Township to any
point within 10 miles of the limits of the Township, 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 $500 per hour.
G.
For towing any vehicle from or to a location outside of 10 miles
of the limits of the Township, the basic towing fee as delineated
above plus $6 per mile (one way).
[Amended 8-13-2019 by Ord. No. 23-19]
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 $175 per half hour for light- and
medium-duty vehicles and $300 per half hour for heavy-duty vehicles.
[Amended 10-25-2016 by Ord. No. 24-16; 8-13-2019 by Ord. No. 23-19]
Basic fees and charges shall be as follows:
A.
Outside storage rates shall be $45 per day for light and medium-duty
vehicles, and $55 per day for heavy-duty vehicles, rounded to the
nearest half day.
B.
Inside storage rates, when requested by the Police Department or
the owner of the vehicle, shall be $55 per day for light- and medium-duty
vehicles, and $90 per day for heavy-duty vehicles, rounded to the
nearest half day.
C.
Clean-up/absorbent charge, a flat fee of $35 plus $25 per forty-pound
bag of absorbent used.
D.
The vehicle removal charge, as defined herein, shall be $125.
E.
Waiting time, as defined herein, shall be $60 per hour, to be charged
in fifteen-minute increments, with times less than 15 minutes rounded
up to the nearest fifteen-minute increment.
F.
Fee for towing of vehicle without ignition key or for transmission
service shall be $50.
G.
Fee for removal of vehicle driveshaft when required or when requested
by vehicle owner or operator shall be $75.
H.
Fee for collision wrap or tarp covering of vehicle when required
for protection of the vehicle from the elements or when requested
by the Police Department, vehicle owner, or other authorized party,
shall be $90.
I.
Fees for a service calls, when requested by a motorist, shall be
$100 per hour, plus the cost of parts or fuel, between the hours of
8:00 a.m. and 6:00 p.m. on weekdays, and $100 per hour, plus the cost
of parts or fuel, at all other times, including holidays.
J.
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 posted during normal business
hours and shall be available for inspection by the public.
L.
A release fee of $35 shall be paid to the Township of Jackson for
each police-impounded vehicle.
The practice of cruising with a wrecker or tow truck is forbidden.
The Police Department may impound any wrecker or tow truck engaged
in cruising for the purpose of identifying the owner and conducting
any safety inspections as may be required. 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
members of the Police Department.
[Amended 10-25-2016 by Ord. No. 24-16]
A.
Applications must be submitted along with the appropriate licensing
fees annually. The wrecker license issued by the Chief of Police is
nontransferable and shall run from July 1 of the calendar year to
June 30 of the next calendar year.
B.
No person or corporation shall be placed on the authorized lists as set forth in § 388-2 of this chapter, or operate a wrecker within the Township of Jackson pursuant to this chapter, without first obtaining a license from the Chief of Police. The annual fees for such licenses shall be as follows:
C.
Prior to issuance of a 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. Thereafter,
inspections of each wrecker and storage facility will be conducted
every three years by the Police Department to ensure that all equipment
and safety standards, as well as rules and regulations, have been
complied with. If an applicant acquires a new tow vehicle, makes changes
to an existing facility, or relocates, an inspection of that equipment
or facility would be required at that time, and in the case of a vehicle,
prior to usage. The applicant must notify the Police Department immediately
of any of the above-mentioned changes in equipment or facilities.
A.
The Chief of Police is hereby authorized and empowered to establish
reasonable rules and regulations governing the inspection and operation
of wreckers.
B.
The Chief of Police and the officers of the Traffic Services Unit
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:
C.
The Chief of Police 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 the tow and the year, make and vehicle identification
number of vehicle being towed and to have them available for inspection
by the Police Department.
[Amended 10-25-2016 by Ord. No. 24-16]
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 the following:
A.
Answer each phone call from the Police Department and provide a prompt
and safe response to the respective scene within 30 minutes of notification,
along with adequate and proper tow-related equipment as requested
by dispatch.
B.
All debris shall be placed in proper receptacles, and no debris shall
be placed inside of any of the vehicles being towed, unless specifically
approved by the investigating officer on the scene.
C.
Provide the Police Department with a complete, legible and concise
abandoned car sheet for every vehicle unclaimed within 15 working
days and 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.
Pay the Township an administrative fee of $20 for each abandoned
vehicle not sold by the Township at a public auction in which ownership
will be transferred to the applicant.
E.
Maintain a record, in a bound volume or appropriate digital format,
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.
F.
The vendor or his agent must be available to surrender property or
to release towed vehicles between the hours of 8:00 a.m. and 6:00
p.m. on weekdays and 9:00 a.m. and 12:00 noon on Saturday. Under no
circumstances will the vendor be unavailable to release vehicles or
property due to holidays or for any other reason for more than two
consecutive calendar days.
G.
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.
H.
The licensee shall accept at least two major credit cards and shall
not charge patrons for their use.
I.
Effective July 1, 2013, each driver of a light-medium-duty wrecker
must possess a certification from a nationally recognized towing organization
to a level determined by the Traffic Safety Supervisor. Each newly
hired driver must obtain such certification within nine months of
his or her date of hire.
J.
Effective July 1, 2014, each driver of a heavy-duty wrecker must
possess a certification from a nationally recognized towing organization
to a level determined by the Traffic Safety Supervisor. Each newly
hired driver must obtain such certification within nine months of
his or her date of hire.
K.
Each wrecker operator shall wear a traffic safety vest when operating
at any scene or call for service.
L.
The licensee shall answer service calls in addition to calls for
towing.
M.
Comply with all other terms and conditions of this chapter.
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 a fine of not more than $1,000 for
each separate offense and/or confinement in the Ocean County Jail
for a period of not more than 90 days. In the case of a continuing
violation or violations, a fine of not more than $1,000 may be assessed
for each day that said violation or violations are not corrected.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
