Borough of Wood-Ridge, NJ Towing

Name and address of the applicant.

Residence address and full local address, if any, of the applicant.

Serial number and registration of each vehicle to be operated by the applicant.

Location of storage area for wreckers and cars and the amount of available space for storage of towed cars.

Name and address of insurer and policy numbers of garage keeper's liability and garage liability policies.

Consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

Agreement to be available for service or on call 24 hours a day and to abide by the fees contained in this chapter.

(8)

Copy of the State of New Jersey Business Registration Certificate.

[Added 3-26-2013 by Ord. No. 2013-5]

(9)

Copy of the State of New Jersey Department of Transportation Hazardous Materials Certificate of Registration.

[Added 3-26-2013 by Ord. No. 2013-5]

(10)

Certification signed by the applicant that the applicant meets, at the time of application, all provisions of this chapter, including but not limited to provisions related to insurance requirements, licensee qualifications, storage capabilities, equipment and personnel requirements.

[Added 3-26-2013 by Ord. No. 2013-5]

(11)

Consent signed by the applicant permitting the Wood-Ridge Police Department to:

[Added 3-26-2013 by Ord. No. 2013-5]

(a)

Fingerprint and conduct background checks and drivers' license checks of the applicant and its employees; and

(b)

Inspect applicant's facilities and equipment for the purpose of confirming compliance with the provisions of this chapter.

§ 490-4 Filing of application; investigation; conditions for issuance.

The applicant shall file the completed application forms, in duplicate, with the Police Department of the Borough annually between August 1 and no later than October 30 of each year. The said filing period shall be applicable for licenses issued in the succeeding three calendar years.

A designee in the Police Department shall be charged with the investigation of prospective licensees and shall recommend the issuance of a license when he finds that:

The public convenience and necessity require the proposed wrecker service for which application has been submitted.

Applicants and tower employees of applicants shall be subject to a driver's license check as part of the application inquiry.

[Amended 2-21-2024 by Ord. No. 2024-1]

The application submitted by the applicant complies with the requirements of this chapter and all other applicable ordinances of the Borough.

The Borough Clerk and the Police Department designee shall make such determination on the number of licenses to be issued in any given term based upon public convenience and necessity and the difficulty of administering and/or enforcing the terms of this chapter upon a large and/or unwieldy number of licensed towers.

The Mayor and Council of the Borough of Wood-Ridge shall be the final arbiter in determining whether a certain number of licenses per term shall be required in accordance with the provisions of this section.

§ 490-5 Issuance of license; contents; expiration; records; license fee.

The Borough Clerk shall promptly notify the applicant of the approval of his application by a designee of the Police Department and shall issue the license.

The license shall contain the following:

Name and address of licensee.

Number of the license and amount of fee paid.

Date of issuance of the license and expiration date.

Signature of the Borough Clerk and the Seal of the Borough.

A list of all drivers and employees with evidence of their articulated vehicle driver's license or commercial driver's license, as well as their official social security number.

All licenses shall expire on December 31 three years from the date issued unless an earlier expiration date is indicated on the license. Yearly fees shall be payable in accordance with Subsection E hereinbelow.

The Borough Clerk shall send a copy of the license to the Police Department for filing and shall keep permanent record of all licenses issued.

The yearly fee for a license issued pursuant to this chapter is $500. No portion of said fee shall be prorated for any part of a year.

Any and all licensees holding a license for a three-year term as provided for herein shall file an annual renewal license between December 1 and December 15 of each year thereof and shall pay the annual fee provided for hereinabove.

If during any such three-year license period a particular licensee voluntarily surrenders its license for any reason whatsoever and/or is suspended and/or debarred as a licensee for any reason under the terms of this chapter or any other such proper reason, then in that event it shall be within the discretion of the Mayor and Council to fill such licensee slot in accordance with the criteria set forth in § 490-4C hereinabove.

The expiration date of any license issued pursuant to this chapter may be extended by resolution of the Mayor and Council for a period of time as established by said resolution, but which shall not exceed six months from the date of expiration.

[Added 2-21-2024 by Ord. No. 2024-1]

§ 490-6 Transferability of license; display.

A license issued under this chapter shall not be transferable.

Each licensee shall produce his license whenever called upon to do so.

§ 490-7 Towing fees established and authorized.

[Added 2-21-2024 by Ord. No. 2024-1]

Towing fees are hereby established and authorized to be charged and shall not exceed the most recently published maximum towing rates established by the New Jersey State Police. Fees are subject to change based on changes to the rates established and published by the New Jersey State Police.

Said fees shall be known as "Schedule T" of this chapter, which shall be maintained on file by the Borough Clerk and available for distribution free of charge to anyone requesting it. Schedule T, and any changes thereto based upon updates published by the New Jersey State Police, shall be adopted by resolution of the Mayor and Council and shall remain in full force and effect until amended by resolution of the Mayor and Borough Council.

Towers shall prepare and issue invoices to owners or operators of any towed vehicle that are itemized to detail all of the charges which have been assessed pursuant to the services and fees listed on Schedule T, which shall be available upon request to any owner or operator of a towed vehicle.

§ 490-8 Fee Schedule T.

[Added 2-21-2024 by Ord. No. 2024-1[1]]

Road service.

Cars: $150 per hour, plus parts.

Trucks: $200 per hour, plus parts.

Towing.

Light duty (Up to 10,000 pounds), hookup: $155.

Medium duty (10,001 pounds to 16,000 pounds): $300 per hour.

Heavy duty (16,001 pounds and above): $500 per hour.

Decoupling fee (if tow is not performed): 1/2 of basic rate.

On-hook mileage.

Light duty: $7 per loaded mile.

Medium duty: N/A.

Heavy duty: N/A.

Recovery/winching (in addition to towing: per truck, including driver).

Light/medium duty (10,001 pounds to 16,000 pounds): $350 per hour, charged in half-hour increments of $175 per 1/2 hour.

Heavy duty (16,001 pounds and above): $650 per hour.

Specialized recovery equipment.

Rotator/crane recovery unit: $1,200 per hour.

Tractor with landoll trailer or detach trailer: $500 per hour.

Tractor/transport hauler only: $350 per hour.

Refrigerated trailer with tractor: $550 per hour.

Box trailer with tractor: $500 per hour.

Air cushion unit: $1,000 per hour.

Light tower: $250 per hour.

(8)

Pallet jack: $200 flat rate.

(9)

Any other specialized equipment: $300 per hour.

(10)

Loader/backhoe/telescopic handler/bulldozer/bobcat: $400 per hour, each.

(11)

Forklift: $400 per hour.

(12)

Dump truck/dump trailer with tractor: $400 per hour.

(13)

Rolloff with container: $400 per hour, plus disposal.

(14)

Recovery supervisor vehicle: $150 per hour.

(15)

Scene safety equipment, communication equipment, traffic management equipment, etc.: $250 per hour, each type used.

(16)

Recovery support vehicle/trailer additional recovery equipment: $350 per hour.

Labor (all labor minimum of one hour).

Accident, minor cleanup and disposal of debris: $75 per hour, one hour minimum, plus absorbent materials used.

Tire skates: $40.

Recovery supervisor and/or Level III recovery specialist: $250 per hour; charges limited to one per incident.

Certified towing operator: $150 per hour, per man.

Manual laborers: $125 per hour, per man.

Storage, per calendar day (inside rates two times outside rate).

Cars/light trucks, ten-foot-by-twenty-foot space: $50 per day.

Trucks (dual wheels)/single axle: $125 per day.

Tractor/dump truck/tractor and trailer combo/trailer: $125 per unit, per day.

Buses: $150 per day.

Roll-off: $125 per day.

Cargo/accident debris/load storage/vehicle components (ten-foot-by-twenty-foot space): $50 per space used.

Rental of any tow-company-supplied trailer, post-incident: $500 per day.

Additional service and notes.

Fuel/hazmat/cargo spills cleanup and disposal: time and material.

Hazmat and trash recovery: Surcharged 10%.

Subcontractor markup: 20%.

Administrative charge only after third visit to vehicle, cars only: $50.

Administrative charge, medium/heavy truck: $200.

After hours release: $85.

Notification documentation fee: $75.

(8)

Tarping/wrapping vehicle: $90/$250 per truck.

(9)

Fuel surcharge: See chart below.

Fuel surcharge chart; applied to tow and mileage cost only.

Fuel cost/surcharge percent:

$2: 0%.

$3: 1%.

$3.50: 2%.

$4: 3%.

$4.50: 4%.

$5: 5%.

$5.50: 6%.

$6: 7%.

$6.50: 8%.

$7: 9%.

$7.50: 10%.

$8: 11%.

Disclaimer. To the extent that any type of service or equipment is not listed in this schedule, the fees to be charged for said service or equipment shall be reasonable, usual, and customary.

[1]

Editor's Note: This ordinance also renumbered former §§ 490-8 through 490-19 as §§ 490-9 through 490-20, respectively.

§ 490-9 Insurance requirements.

No license shall be issued to an applicant until he shall have deposited with the Police Department the following insurance policies:

Comprehensive general liability insurance. Limit of liability shall not be less than $300,000 combined single limits (bodily injury and property damage) per occurrence and aggregate, including premises operations and procedures/completed operations.

Automobile liability insurance. Limit of liability shall be not less than $300,000 combined single limits (bodily injury and property damage) per occurrence. (Note: Liability insurance policies shall be specifically endorsed to provide collision insurance for vehicles in tow.)

Workers' compensation insurance statutory coverage, including liability coverage, with a limit of at least $100,000.

Excess umbrella, in the amount of $1,000,000, giving protection in excess of the $300,000 general and auto liability coverage.

On all liability policies, the Borough of Wood-Ridge shall be named as an additional insured, and insurance certificates shall indicate such coverage.

Insurance coverage shall indemnify the Borough of Wood-Ridge and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of act or omission of the licensee, his agents or employees in or due to the execution of the work called for under this chapter.

The applicant shall provide the Borough with certificates of insurance evidencing the coverages required above. Such certificates shall provide that the Borough be given at least 30 days' prior written notice of any cancellation of, intention not to renew or material change in such coverage. These certificates must be provided before commencing work in connection with this chapter. Failure to submit the same with the application shall subject such applicant to immediate disqualification.

The providing of any insurance required herein does not relieve the applicant of any of the responsibilities or obligations pursuant to this chapter or for which the applicant may be liable by general law or otherwise.

Failure to provide and continue in force such insurance as required hereinabove shall be deemed a material breach of this chapter and shall immediately nullify any license then in force.

§ 490-10 Licensee qualifications.

A licensee must comply with the following requirements:

Any person, company or corporation requesting this license must have had a towing business for a minimum of five years and must be of known good reputation in the field of wrecking, towing, etc.

[Amended 2-21-2024 by Ord. No. 2024-1]

The licensee shall be available to provide service 24 hours per day, seven days per week.

The wrecker/tow truck shall have a passenger seat to transport the driver of the vehicle to be towed, under appropriate circumstances, at no additional cost to the owner of the vehicle.

Licensees and their on-call employees shall have mobile communications capabilities with their dispatching center on a twenty-four-hour basis.

[Amended 2-21-2024 by Ord. No. 2024-1]

Calls must be answered within 15 minutes of the Wood-Ridge Police Department's notice to a licensee to respond to a call, unless a mutually agreed time is approved.

The licensee shall provide each wrecker/tow truck with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of an accident to which it is summoned. The driver of such wrecker/tow truck shall be responsible for such cleanup.

All wreckers/tow trucks used and employed in towing of vehicles shall be kept in a clean, good working condition and the name, address and telephone number of the licensee shall be conspicuously displayed on each vehicle.

All licensees shall be required to comply with all state and local laws and be licensed as required.

The licensee shall, when performing under this license, follow the lawful directions of the officers of the Wood-Ridge Police Department and agents or representatives of the Borough of Wood-Ridge.

A person retrieving his vehicle shall be able to transact all business, including the pickup of the vehicle and payment of fees, at the same location.

There shall be no piling of vehicles.

Vehicles shall be towed and stored in a safe manner so as to prevent any damage to such vehicles.

The licensee shall be responsible for the towing of any disabled Borough-owned vehicle when requested by the Borough. This service will be furnished to the Borough for the minimum applicable show-up charge.

The licensee shall provide a clean waiting room for the public with a restroom and access to a public telephone.

The licensee shall possess a State of New Jersey Business Registration Certificate.

[Added 3-26-2013 by Ord. No. 2013-5]

The licensee shall possess a State of New Jersey Department of Transportation Hazardous Materials Certificate of Registration.

[Added 3-26-2013 by Ord. No. 2013-5]

§ 490-11 Agent for service of process.

No license shall be granted to an applicant unless and until he has appointed the Borough Clerk as his true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction served against the applicant.

§ 490-12 Storage capabilities.

All licensees must have a minimum of 5,000 square feet to accommodate a minimum of 15 vehicles and may be divided into two parcels so as to provide indoor storage for a minimum of two motor vehicles. The parcels must be fenced in and secured and in an area that permits the towing and storage of vehicles. Any and all cars towed from the Borough of Wood-Ridge must be stored in the facility storage area designated by the licensee and approved by the Borough of Wood-Ridge. In order to facilitate the transaction of business between the tower and the parties towed, all licensees shall maintain a business office approved by the Borough of Wood-Ridge for the transaction of any such business required under this chapter.

If the licensee is the owner in fee simple of the required number of square footage, he is to submit with his license a certified copy of the deed for the land containing a metes and bounds description of the same.

If the licensee has a lease for the required number of square footage, he is to submit with his license a copy of the lease or leases containing a metes and bounds description of the same. Licensees must have a lease which extends to at least six months after the termination date of the towing portion of this license.

If the licensee has an option or options to lease or purchase the required number of square footage, he is to submit with his license a copy of the option agreements containing a metes and bounds legal description of the same.

The deeds, leases or options to lease or purchase are to be approved as to form and legality by the Borough Attorney.

Visual on-site inspection of the land shall be made before award of a license by the Borough or its designees. All the land proposed to be utilized by the licensee for storage must be level and clear of debris and must be clearly marked as having the area necessary to maintain the minimum capacity of 15 vehicles for the Borough.

The entire land area or areas must be enclosed by a fence of sturdy construction and at least seven feet in height or the maximum permitted by the applicable section of Chapter 530, Zoning, whichever is less, so that the storage will not be visible to the public.

The operation of the site(s) shall conform at all times to fire regulations of the Borough of Wood-Ridge or the municipality in which the site(s) is located.

The storage facility must provide a minimum of eight hours per day (9:00 a.m. to 5:00 p.m.), Monday through Friday, and four hours on Saturday (8:00 a.m. to 12:00 noon), for reclaiming of towed vehicles. An after-hours release fee shall be charged for releasing vehicles outside of normal business hours.

[Amended 2-21-2024 by Ord. No. 2024-1]

Prior to the awarding of any license hereunder, the licensee shall prove to the Borough of Wood-Ridge that his said locations are legally zoned for such storage of vehicles. The licensee shall comply with all applicable laws where such place of business is located.

An impounded vehicle shall not be parked upon a public street or sidewalk, quasi-public street or sidewalk or any public area but must be stored by the licensee within the storage area so provided; the licensee, his agents or representatives shall not use the vehicles for the use of the licensee or their personal use. License plates shall not be removed from any vehicle, except when lawfully required by the Wood-Ridge Police Department or other government agency, or switched to any other vehicle.

The impounded areas must be properly lighted from dusk to dawn and must be properly safeguarded from vandalism and/or theft.

The Borough of Wood-Ridge shall have access to any part of storage areas at any time of the day or night for the purpose of inspection and/or investigation. This shall include indoor and outdoor areas.

There shall be no unescorted access to the storage area by the public. The Wood-Ridge Police Department, from time to time, shall establish rules and regulations regarding the public access to the vehicle so impounded and/or stored; such rules and regulations may also be amended from time to time. This requirement must be strictly enforced. Failure to follow these rules and regulations shall be cause to cancel an issued license.

§ 490-13 Enforcement; choice of towers.

The governing body hereby designates the Police Department generally and a designee of the Police Department in particular as its agent to supervise the enforcement of the terms and provisions of this chapter and the rules and regulations adopted hereunder.

No individual, owner or operator of a wrecker shall respond to the scene of an automobile accident except upon notification by the officer in charge of police headquarters or upon request of the driver or owner of the vehicle involved.

The officers investigating accidents which require a wrecker shall get authorization from the drivers or owners of cars as to whom is to perform the towing.

To amplify and expedite the enforcement of the provisions of this chapter, a designee of the Police Department is authorized to establish a system of rotation in the assignment of wreckers when the owner or the driver declines to indicate any specific choice of wrecker to remove the disabled vehicle. The system of rotation shall be nondiscriminatory and anti-exclusionary in that licensed towers and/or wreckers shall be summoned in order as their name appears on a rotation list. The list shall be established by date of license issuance, i.e., first license issued, first name on list, etc.

§ 490-14 Additional restrictions and requirements.

No wrecker shall maintain a high-frequency police radio receiving set for the purpose of intercepting police calls in regard to disabled vehicles.

At the direction of the Wood-Ridge Police Department, licensees hereunder shall be required to remove from the roadway or any other public property, including but not limited to municipal parking lots, parks, playgrounds and Board of Education property, all junk and abandoned vehicles in accordance with the following:

A "junk vehicle" shall be defined as a motor vehicle incapable of being operated safely or of being put in a 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 licensee shall notify a designee of the Police Department that the vehicle has been held for the statutory time and that the vehicle is ready for sale.

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 licensee shall notify a designee of the Police Department that the vehicle has been held for the statutory time and that the vehicle is ready for sale.

Proceeds from the sale of junk or abandoned vehicles shall be used to satisfy any towing or storage charges which may have accumulated on the vehicle. Excess proceeds shall be paid to the Borough treasury. If the proceeds are insufficient to cover the accumulated costs, such excess cost shall be waived by the licensee, and no further funds will be due from the Borough or the purchaser of the vehicle.

The Wood-Ridge Police Department, on behalf of all of the licensees hereunder, shall be charged with the obligation to obtain junk titles from the Director of the Division of Motor Vehicles, whether any such vehicles are denominated as a junk vehicle and/or an abandoned vehicle pursuant to N.J.S.A. 39:10A-1 et seq. For purposes of this section, all such licensees shall be defined as a "motor vehicle repair facility" by either trade name and/or corporate designation. The owner of vehicles towed by order of the Police Department for violations of law and/or deemed to be abandoned shall be subject to provide any licensee hereunder with the necessary title provided for in N.J.S.A. 39:10A-1 et seq.

This section will be administered in accordance with N.J.S.A. 39:10A-1 et seq.

No wrecker shall possess or exhibit flashing lights, except as provided under N.J.S.A. 39:1-1 et seq.

§ 490-15 Equipment and personnel requirements.

The licensee must have the following equipment operating at all times and ready for call to a location within the boundaries of the Borough of Wood-Ridge when dispatched by the Wood-Ridge Police Department, pursuant to the terms of the license and for the full term of said license:

[Amended 3-26-2013 by Ord. No. 2013-5]

Two heavy-duty wreckers with under-reach capability of a minimum of 35 tons.

[Amended 2-21-2024 by Ord. No. 2024-1]

Two one-ton tow trucks with one-ton chassis and three-ton crane and wheel lifts.

Three flatbed-type tow trucks.

One Landoll-type equipment hauling trailer and one semitractor with fifth wheel for pulling of said trailer.

Equipment for jump starts, changing of flat tires and portable heavy-duty lighting.

At least one employee with an active commercial driver's license in good standing shall be available to operate the above-required equipment, 24 hours per day, seven days a week, including holidays.

A licensee hereunder must either directly own the required equipment and/or lease the same from a bona fide vehicle leasing company, and said licensee may not utilize other competing and/or joint-venture-type arrangements with other towing companies not licensed in the Borough of Wood-Ridge for the purpose of satisfying the requirements of this section.

A licensee must be capable of towing all Borough-owned vehicles, including Public Works Department trucks and equipment and Fire Department apparatus, properly, safely and damage-free.

[Added 3-26-2013 by Ord. No. 2013-5]

Failure to maintain ownership and/or lease of such equipment as required hereinabove shall be deemed a material breach of this chapter and shall immediately nullify any license presently in force.

[Added 3-26-2013 by Ord. No. 2013-5]

§ 490-16 Violations and penalties.

Any person and/or licensee who shall violate the provisions of this chapter shall, upon conviction thereof, be punishable as provided below:

Shall be prohibited from receiving a license for a period of three years from the date of said conviction. Upon the second or subsequent conviction and in the discretion of the Municipal Judge, said person shall be prohibited from receiving a license for a period of 10 years from the date of the second or subsequent conviction; and

Be subject to imposition of the general penalty set forth in the Code of the Borough of Wood-Ridge.[1]

[1]

Editor's Note: See Ch. 1, General Provisions, Art. II, General Penalty.

§ 490-17 Revocation of licenses; notice of hearing.

Licenses issued under the provisions of this chapter may be revoked by the Mayor and Council after notice and hearing for any of the following causes:

Fraud, misrepresentation or false statement contained in the application for the license.

Any violation of this chapter or any other municipal regulation.

Conviction of any crime or disorderly persons offense involving moral turpitude.

Unsatisfactory service.