No person or entity who wishes to engage in police towing services
for the Borough of Wallington shall be permitted to do so without
first obtaining a license for such services in accordance with the
terms of this chapter.
A.
So as to provide the Borough with assurance that a tower has sufficient
experience and expertise in towing, as well as sufficient knowledge
of the municipality and its various roadways, any person or entity
must, itself, exclusive of any association with another, have been
engaged in the business of towing and storing motor vehicles for at
least the last five years and within this Borough for a minimum of
the last two consecutive years. Where an entity wishing to engage
in towing for the Borough of Wallington does not meet these minimum
time requirements, it shall be sufficient that the principal(s) of
such entity meet the requirements.
B.
The licensee must be able to provide service 24 hours per day, seven
days per week, including holidays.
C.
A licensee must have a principal place of business located within
the Borough of Wallington.
(1)
The structure housing the business office shall be a permanent structure.
Both the business office and storage facility must meet all of the
applicable requirements otherwise provided by this chapter.
(2)
The business office and storage facility need not be in the same
location, provided each complies with the requirements set forth herein.
However, if the place where a vehicle is to be retrieved is separate
from the business office of the licensee, and is not within 525 feet
(1/10 of a mile) of the said office, then the vehicle: a) if drivable,
shall be delivered to the party retrieving it at the business office
or the party shall be driven to the vehicle by the licensee without
charge; or b) if not drivable, then, at the request of the person
seeking to inspect it, the person, who has the permission of the owner,
shall be driven without charge by the licensee to the storage location
on not more than one occasion.
D.
All applicants must own at least one light duty tow truck, three
hydraulic flatbed car carriers and two heavy duty tow trucks. Each
tow truck utilized for Borough towing shall be equipped with the following:
[Amended 4-25-2013 by Ord. No. 2013-05]
(1)
A passenger seat to transport the driver of the vehicle to be towed,
under appropriate circumstances, to the storage area at no additional
cost to the owner of the vehicle.
(2)
Cell phone capabilities with its dispatching center on a twenty-four-hour
basis.
(3)
At least two amber rotating beacons or strobe lights mounted on the
highest practical location of the vehicle, visible from 360° when
in use and visible at a minimum distance of 500 feet during daylight
hours. An amber light permit, as required by the State of New Jersey,
must be filed by the tower in the office of the Director and the Borough
Clerk.
(4)
Safety tow lights or magnetic tow lights to be mounted upon any vehicle
being towed.
(5)
At least one heavy-duty broom, shovel, crowbar or pry bar, a set
of jumper cables, flashlight, one two-pound or larger fire extinguisher
of dry chemical type, one dozen flares or similar warning devices
for placement at the scene of an accident or disabled vehicle, at
least 10 pounds of dry sand or a drying compound for gasoline and
oil spilled onto a roadway and a sufficient quantity and types of
tools to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
E.
Every tow truck shall, at all times, comply with any and all state,
federal and local laws, regulations and ordinances pertaining to safety,
lighting and towing equipment requirements and shall be subject to
inspection by representatives of the Borough, including the Director
or his designee at any time. Where applicable, all permits required
by any governmental authority relating to the equipment shall be provided
to the Borough upon its request.
F.
Every tow truck shall have the name, address and telephone number
of the official tower, by a permanently affixed or painted sign, prominently
displayed on the vehicle in such manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46, on the outside door panels
of both sides of the vehicle. Temporary, magnetic or other easily
removable signs are not acceptable.
G.
The licensee must be able to respond to the scene where its services
are required within 15 minutes from the issuance of a telephone notice
at any time of the day or night.
A.
A storage location must have a minimum of 5,000 square feet available
to accommodate storage of a minimum of 15 vehicles. No vertical stacking
of vehicles is permitted. In addition, each storage location must
be able to provide secure indoor storage for a minimum of two motor
vehicles.
B.
The exterior of each storage location must be fully fenced in with
a fence not less than six feet in height, covered in such a manner
so as to prevent visibility of stored vehicles from the street. Gates
shall be locked when the location is not attended and shall be continuously
lighted from dusk until dawn so as to safeguard vehicles from vandalism
and/or theft.
C.
Exterior storage must have a prepared surface for all vehicles being
stored. All storage areas must be level and maintained clear of debris
and must be clearly marked, so as to establish an area necessary to
maintain the minimum capacity of 15 vehicles for the Borough. No licensee
shall be permitted to pile vehicles.
[Amended 4-25-2013 by Ord. No. 2013-05]
D.
It being the intention of this chapter to provide persons with a
readily accessible and secure storage area for their vehicles, all
vehicles towed pursuant to this chapter must be stored in the aforesaid
storage location. No vehicles may be stored on any public thoroughfare,
right-of-way or roadway.
E.
All storage locations shall meet all requirements of the applicable
land use ordinances of the municipality in which it is situated. Upon
request, the licensee shall provide, by way of a certificate of occupancy
or other similar document, proof establishing such compliance. All
such storage locations must conform to the fire regulations of the
Borough of Wallington and/or the municipality in which the storage
area is located. It shall be the responsibility of the licensee, upon
the request of the Borough, to provide written proof of such compliance.
F.
The Borough shall have access to any part of the designated storage
location, exterior and interior, at any time of the day or night for
the purpose of inspection and/or investigation. However, during the
periods the tower is not the regularly scheduled tower, access to
the yard for purposes of inspection shall be during the tower's
regular business hours.
G.
The licensee must provide a clean waiting room for the public with
a restroom and access to a telephone (not a cell phone) in its business
office. If the business office and storage areas are not within 1/10
of a mile of each other, and the public is required to go to the storage
area to retrieve a vehicle, then the storage area must also provide
the same facilities.
H.
The licensee shall prevent and prohibit any unescorted access to
the storage area by the public. Vehicles which are impounded by the
Wallington Police or other police authority and which are required
to be maintained as evidence shall be maintained in a secure indoor
facility and shall be properly roped off from other vehicles in an
area which shall be kept nonaccessible to any person, including employees
of the licensee, other than a police authority.
I.
Storage areas may be owned or leased.
(1)
If the storage facility is owned, the licensee shall, at the time
of the application provide a certified copy of the deed and a survey
of the owned property.
(2)
If the storage facility is leased at the time of the application,
the licensee shall provide a certified copy of the lease and a survey
of the premises leased, as well as a certification from the property
owner that the lease provided is in full force and effect. The lease
shall be valid and enforceable at least to the end of the calendar
year of the application. With each renewal of the license, succeeding
leases shall similarly be valid and enforceable to the end of the
calendar year of such renewal. The licensee shall, upon request of
the Borough and during the entire period of the lease, supply a certification
from the property owner verifying that the lease continues to be in
full force and effect. Expiration or other termination of the licensee's
lease shall be sufficient cause to suspend and/or revoke any license
issued pursuant to this chapter.
(3)
Should the owned or leased property not be in its entirety for purposes
of this chapter, then the specific area to be dedicated for storage
area and/or business office shall be clearly delineated on said survey.
J.
Each storage facility must provide access to same for the reclaiming
of towed vehicles not less than eight hours per day (9:00 a.m. to
5:00 p.m.) Monday through Friday, and four hours on Saturday (9:00
a.m. to 1:00 p.m.). In the event the licensee provides a customer
or party inspecting the vehicle access during other times, the licensee
is prohibited from charging an additional fee.
[Amended 4-25-2013 by Ord. No. 2013-05]
A.
No person may be a tow truck operator unless such person shall possess
a valid permit to operate a tow truck and a valid New Jersey driver's
license for the class vehicle being operated.
B.
No person shall be eligible to apply for a permit hereunder if such
person shall have been convicted of a crime of the first through third
degree, at any time, nor a crime of the fourth degree within the past
five years, as set forth in the New Jersey Criminal Code as now existing
or as may hereafter be amended.
C.
No person shall be eligible for a permit hereunder if they have been
convicted of a second offense pursuant to N.J.S.A. 39:4-50 (driving
while intoxicated) or N.J.S.A. 39:4-50.4a (refusal to submit to chemical
test). A conviction of a similar offense in a jurisdiction other than
the State of New Jersey shall be treated in a like manner.
D.
In the event any tow truck operator shall become ineligible for a
permit by reason of being convicted of a statute or crime referred
to above, or shall have his or her driver's license suspended
or revoked, such conviction, suspension or revocation shall be made
known, in writing, to the Borough Clerk and Police Department by the
licensee, and such driver's permit to be a tow truck operator
shall be immediately revoked. It shall be the responsibility of both
the licensee and the tow truck operator to report such conviction,
suspension or revocation. It shall not be a defense to a violation
of this section that the licensee was unaware of such operator's
conviction, license suspension or revocation, each licensee having
the responsibility of assuring that all tow truck operators employed
by licensee are properly licensed and possess a valid permit to operate
such motor vehicle as may be required for towing services.
