As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
Any vehicle partially dismantled, not readily capable of
operation under its own power, not currently used for transportation,
not currently licensed, wrecked, or junked. Also, any vehicle whose
owner has terminated the use and care of the vehicle and has either
indicated by his words or actions an intent to leave it and no longer
claim ownership of it or left it without making arrangements for storage
with the owner, occupant or person in control of the premises on which
it is located.
ADMINISTRATIVE FEE
Fee to be charged when the services provided are needed as
a result of a motor vehicle accident. The administrative fee represents
compensation to the tow operator for paperwork and phone calls with
insurance companies and others in connection with the motor vehicle
accident. The administrative fee is in addition to the basic towing
service and any other associated fees.
BASIC TOWING SERVICE
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 other services normally incident thereto,
including tarping. Basic towing service does not include consent tows,
road services, or winching.
CONSENT TOW
The towing of a vehicle from the scene to anywhere other
than the operator's garage or towing a vehicle from the operator's
garage to a third location. Consent tows are outside the terms of
this chapter. The fees for consent tows are to be determined by the
operator and do not have to comply with the fees set forth herein.
DEBRIS CLEANUP
The cleanup of debris at the point of impact, the final resting
point of the vehicle and the associated debris field. Debris cleanup
includes the use of absorbents to soak up spills or vehicle fluids
as permitted by law.
HEAVY-DUTY WRECKERS
Provision of basic towing services for a vehicle that weighs
26,000 pounds or more.
LIGHT-DUTY WRECKERS
Provision of basic towing services for a vehicle that weighs
up to 10,000 pounds.
MEDIUM-DUTY WRECKERS
Provision of basic towing services for a vehicle that weighs
10,001 pounds to 25,999 pounds.
OPERATOR
A towing company that has been approved by the Borough Administrator
and placed on the rotational list by the Chief of Police.
ROAD SERVICE
When an operator responds to a service call and makes repairs
to a passenger vehicle on site without towing said vehicle back to
the service garage. Repairs may include, but are not limited to, such
activities as repairing flat tires, providing a jump start, and/or
opening a locked vehicle.
ROLLBACK TRUCK
This vehicle shall be classified no lighter than 14,000 pounds
gross vehicle weight.
SECURED STORAGE FACILITY
A facility that is inside a locked building or outside in
a completely enclosed area with at least a six-foot fence, with at
least one entrance and exit gate and is completely illuminated to
safeguard the motor vehicles.
STORAGE FEES
The maximum allowable amount to be charged by an operator
for a twenty-four-hour period, or fraction thereof, for passenger
vehicles. A new twenty-four-hour period begins at 12:01 a.m. Storage
is charged per calendar day or any part thereof.
TARPING
Covering a motor vehicle to prevent weather damage.
TOWING OPERATORS ROTATIONAL LIST (LIST)
Schedule prepared by the Chief of Police of towing operators
that were approved by the Borough Administrator, to be called by the
Police Department for vehicle assistance.
VEHICLE ACCESS CHARGE
When the owner and/or insurance representative must be accompanied
into the secured storage facility to inspect, remove personal belongings,
adjust and/or take photographs or for removal of vehicle from the
storage facility for pickup.
WINCHING
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of which cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
Winching also includes recovering a motor vehicle that is not on the
road and righting a motor vehicle that is on its side or upside down,
but does not include pulling a motor vehicle onto a flatbed tow truck.
It shall be the responsibility of the Borough Administrator
or his designee, with the advice of the Chief of Police, to approve
all applications for towing operators, to be utilized on a rotational
basis for the purpose of providing emergency towing, road and storage
services to the owners of motor vehicles utilizing Borough roads when
he determines that the following requirements have been met by the
applicant. On forms prepared by the Borough, and provided by the Borough
Administrator or his designee, all towing operators shall submit written
documentation that they are in compliance with the qualification requirements
set forth in this chapter and as specifically listed below:
A. Submission to the Borough Administrator of a certificate of insurance in accordance with the requirements set forth in §
287-8 below.
B. Submission to the Borough Administrator of a Disclosure of Investment
Activities in Iran form to be provided by the Borough.
C. Submission to the Borough Administrator of the appropriate affirmative
action evidence as required by N.J.S.A. 10:5-31 et seq., and N.J.A.C.
17:27.
D. Submission to the Borough Administrator of a valid business registration
certificate issued to them by the State of New Jersey pursuant to
N.J.S.A. 52:32-44.
E. Submission to the Borough Administrator of the names and contact
information for at least four business references.
F. Submission to the Borough Administrator of the names, addresses and
driver's license numbers of all proposed drivers and employees
who will be rendering services known at the time of the application.
Submission to the Borough Administrator of certified copies by the
business owner of current MVC abstracts for the last five years and
a criminal name check for all operators, officers and employees. Neither
the MVC abstracts nor the criminal name check can be older than 30
days from the date of the application. In order to keep information
current, all operators will be required to submit updated rosters
of drivers, within a reasonable period not to exceed 30 calendar days
of a new hire, to the Chief of Police along with the necessary MVC
abstracts for the last five years and a criminal name check for all
new drivers.
G. Submission to the Borough Administrator of a detailed listing of
all equipment to be used while performing services under this chapter.
The listing shall include the type of vehicle, the storage location
of vehicles and whether the vehicle is owned or leased.
H. All operators shall submit to the Borough Administrator a list of
the lifting capacities of the devices for types of vehicles.
I. Submission to the Borough Administrator of the size, location and
security features of a secured storage area for all vehicles towed
by the operator.
No impounded vehicle shall be released without proper authorization
from the Wharton Borough Police Department. Vehicles may be released
by tow operators between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except legal holidays. After-hours vehicle releases
are at the discretion of the tow operator and are subject to the after-hours
vehicle release fee.
In addition to the removal from the list, any person or business found guilty of a violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty.