[1967 Code § 8-13.1; amended 3-14-2023 by Ord. No. 2023-011]
a.
The purpose of this section is to establish towing and storage fee
schedules pursuant to N.J.S.A. 17:33B-47[1] for the reimbursement of towing charges and storage charges
for all private passenger automobiles that are Police impounded, damaged
in accidents, or are recovered after being stolen.
[1]
Editor's Note: N.J.S.A. 17:33B-47, relating to towing
and storage fee schedules, was repealed by L. 1997, c. 387, eff. 1-19-1998.
b.
The provisions of this section apply to all persons who provide towing
and storage services for the Borough of Bound Brook for private passenger
automobiles that are Police impounded, damaged in accidents, or are
recovered after being stolen.
c.
In order to protect persons who operate motor vehicles inside the
Borough of Bound Brook, it is desirable and necessary to adopt this
section to ensure proper licensing, storage, availability and other
controls over persons and firms licensed to provide wrecker service.
[1967 Code § 8-13.2; amended by Ord. No. 07-03; Ord. No. 2010-04 § 1; 3-14-2023 by Ord. No. 2023-011]
a.
Towing operators must file an application with the Municipal Clerk
to obtain or renew a towing license within the Township.
b.
The applicant shall state the complete street address of the location
or locations from which the business of towing shall be conducted,
indicating which is its principal location and which is its storage
facility(s), which shall meet the requirements of Subsection 47.13
of this section. The applicant shall provide a copy of a valid certificate
of occupancy for the storage facility for automobile-related uses.
c.
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, gross vehicle weight, number of wheels and purpose, with which the applicant intends to provide towing services; and which shall meet the requirements of Section 4-22.6 of this article. The applicant shall provide copies of the equipment manufacturer's specification for each piece of equipment.
d.
The applicant shall disclose whether he, or if the applicant is an entity, any person with an interest of 10% or more in the entity, or any towing company in which such person has an interest of 10% or more, is subject to any of the disqualification specified in Section 4-22.3, paragraph b.
e.
The applicant shall provide the name, address and driver's license
number of the applicant and all employees of the applicant that are
expected to be involved in the operation of the applicant's vehicular
equipment for the towing of motor vehicles. All drivers for the applicant
shall be at least 18 years of age and possess a valid driver's
license for the operation of the towing equipment.
f.
The applicant shall obtain a criminal background check of the applicant
and all of its employees and agents, including the obtainment of a
driver's abstract. The costs associated with obtaining the criminal
background checks shall be the responsibility of the applicant.
g.
The application shall include a valid original certificate of insurance from an insurer authorized to do business in the state, at the minimum amounts set forth in Section 4-22.4 of this article.
h.
The applicant shall provide written proof of a minimum of five years'
towing experience. The applicant shall provide a minimum of three
references of the applicant's towing experience.
i.
The applicant shall provide copies of all certifications for its
employees as follows: each light-duty driver, each heavy-duty driver
and each recovery supervisor from a nationally recognized organization.
j.
The nationally recognized organizations that are acceptable to the
Township are: Towing and Recovery Association of America (800-728-0136),
Wreck Master (800-267-2266), Garden State Towman's Association
(732-530-4782). The applicant shall furnish any additional information
concerning the company, personnel, vehicles, equipment and storage
facilities of the applicant as may be required by the Municipal Clerk
or Chief of Police during the review of the application.
k.
If any of the information required in the application changes, or
if additional information should be added after the filing of the
application, the applicant shall provide that information to the Municipal
Clerk, in writing, within 30 calendar days of the change or addition.
Any application to add an additional driver during the contract term
shall be accompanied by a fee of $25.
l.
The applicant shall provide a certified statement of the willingness
of the towing operator to be available on a twenty-four-hour, seven-day-per-week
basis, and to abide by the instructions and directions of the Chief
of Police, his subordinates, and the provisions of this section. Such
towing operators shall further provide the telephone number or numbers
available on a twenty-four-hour, seven-day-per-week basis.
m.
The applicant shall provide a certified statement of compliance with the minimum requirements of Section 4-22.6 of this article.
n.
Any person wishing to apply for a tow license in the Borough shall
operate and/or have storage facilities located within seven miles
of the Borough.
[1967 Code § 8-13.3; amended by Ord. No. 04-1 § 2; Ord.
No. 2009-15; Ord. No. 2010-04 § 2; 3-14-2023 by Ord. No. 2023-011]
a.
All applicants for a license shall obtain an application for a wrecker
service license and, upon receipt of same, shall forward the application
to the Municipal Clerk for investigation of the truth and accuracy
of the information contained therein. Upon completion of investigation
by the Chief of Police, the Chief of Police shall forward a copy of
the application to the Borough Council, along with a recommendation
for approval or disapproval of the license and the reasons, if any,
for disapproval. Upon receiving the application for wrecker service
license, the Borough Council shall determine whether or not the applicant
has complied with the necessary standards and criteria. If the applicant
is found to be qualified, then, upon the payment of an annual license
fee of $200, a license shall be issued to the applicant and the applicant's
name shall be placed at the end of the towing list. All licenses shall
expire on December 31 of each year.
b.
The Borough Council may terminate a license under the following circumstances:
1.
When it is found that the license was secured by fraud or concealment
of material facts by the licensee, which in fact, if known, would
have resulted in denial of the license;
2.
When it is found that the license holder has violated any of the
requirements or regulations established by the Chief of Police or
his designee;
3.
When the Borough is not satisfied with the general services of the
owner and/or employees or with the cooperation it has received in
rendering service.
[1967 Code § 8-13.4; amended by Ord. No. 07-03; 3-14-2023 by Ord. No. 2023-011]
a.
No wrecker license shall be issued until the applicant has deposited
with the Municipal Clerk a garage liability policy covering the operation
of the owner's business, equipment, or other vehicles for any
bodily injury or property damage. This policy shall be in the minimum
amount of $500,000 for any one person injured or killed and a minimum
of $1,000,000 for more than one person killed or injured in any accident
and an additional $100,000 for property damage.
b.
Each policy must contain an endorsement by the carrier providing
ninety-day notice to both the Borough and the insured in the event
of any change in coverage under the policy.
[1967 Code § 8-13.5; amended 3-14-2023 by Ord. No. 2023-011]
The owner shall provide continuous twenty-four-hour-a-day service
each day of the year and shall provide an attendant or answering service
for the purpose of receiving calls for service. The owner shall be
available to release stored vehicles during the hours of 8:00 a.m.
to 5:00 p.m. Monday through Friday, 8:00 a.m. to 12:00 noon on Saturday.
There shall be no storage charge for Sundays and holidays if the tow
company is not open for vehicle release. The owner shall assume all
liability and shall indemnify and save the Borough harmless from such
liability for damages sustained by vehicles while being towed or stored
and for all personal injuries occurring to any of the firm's
employees or other persons and shall maintain the required insurance
policies. The wrecker owner shall not release any vehicle directly
impounded by the Borough without authorization by the Police Department.
[1967 Code § 8-13.6; amended 3-14-2023 by Ord. No. 2023-011]
Minimum equipment to be maintained or available for service
shall include:
a.
Minimum equipment to be maintained or available for service shall
include the following.
b.
Any towing operator providing municipal rotational towing services
shall have a minimum of two vehicles which meet the minimum standards
set forth below:
1.
At least one light-duty wrecker with a minimum chassis rating of
15,000 pounds gross vehicle weight, equipped with a hydraulic boom
rated for 8,000 pounds, equipped with a hydraulic wheel-lift with
3,000 pounds' lift capacity, and equipped with dual hydraulic
winches with each having a capacity of 8,000 pounds, with each winch
equipped with 100 feet of three-eighths-inch wire rope.
2.
At least two flatbed-type wreckers with a minimum chassis rating
of 25,500 pounds gross vehicle weight, equipped with a minimum twenty-one-foot
bed, and equipped with a hydraulic wheel-lift with 3,000 pounds'
lift capacity.
3.
At least one of the above vehicles must have four-wheel drive.
4.
In addition to foregoing requirements, the towing operator must own
a heavy-duty wrecker with a minimum chassis rating of 33,000 pounds
gross vehicle weight, as well as have a registered gross vehicle weight
of 80,000 pounds, equipped with a hydraulic boom rated for a minimum
of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000
pounds' lift capacity, dual hydraulic winches, and have tandem
rear axles.
5.
All vehicles must be equipped with two-way radios, cab-mounted amber
emergency warning lights (conforming to New Jersey Motor Vehicle Law
standards, with all light permits being obtained), tow sling-type
bars with rubber straps and/or wheel-lift capability with safety straps
to prevent damage to towed vehicles, and with steering locks for towing
vehicles from the rear.
[1967 Code § 8-13.7; amended by Ord. No. 2010-04 § 3; 3-14-2023 by Ord. No. 2023-011]
All costs incident to towing and storage shall be paid by owner
or person in charge or possession of the towed and stored vehicle
to the owner of the wrecker company, and a receipt for payment shall
be issued to the person. The Borough shall assume no liability or
responsibility for any vehicle removed from any place without the
authority of the Chief of Police. The wrecker owner shall maintain
approved records and a claim check system to assure release of vehicles
to the rightful owner or authorized person. These records shall be
maintained for a period of not less than four years. Such records
shall be open to the Police Department for investigation of specific
complaints and for compiling surveys under this section. The owner
of any wrecker service shall permit any person appointed by the Chief
of Police to inspect his wreckers, vault, security form or storage
area at such times as the Chief of Police shall deem appropriate.
[1967 Code § 8-13.8; amended 3-14-2023 by Ord. No. 2023-011]
a.
The Chief of Police is authorized to establish a system of rotation
for the assignment of licensed towing operators to provide municipal
towing services required pursuant to this section. Pursuant to N.J.S.A.
40A:11-5(1)(u), the rotation system shall be established on a nondiscriminatory
and non-exclusionary basis. Only licensed towing operators with the
Borough shall be assigned to the rotation list. A towing operator
shall be added to the rotation list at any time upon being licensed
with the Borough pursuant to this section. All new licensed towing
operators shall be assigned to the rotation list at the bottom of
such list. The rotation list shall be composed so as to permit a reasonable
rotation of licensed towing operators.
b.
Towing service shall rotate on a weekly basis. The week will start
at 8:00 a.m. on the first of the week and will conclude at 7:59 a.m.
on the first day of the following week. During the week that the towing
service is assigned, all calls for service requested through the Police
Department will be accepted. Refusal or inability to respond will
automatically result in the next wrecker on the list being summoned.
Response time must be reasonable (20 minutes), and police officers
may cancel and reassign the call when response time is unreasonably
long. The Chief of Police shall not call or cause to be called any
wrecker not licensed with the Borough unless all such wreckers are
unavailable. It is specifically permitted for the Chief of Police
to call a wrecker out of sequence where the proximity to the wreck
and estimated response time make it more practical to do so. Failure
to comply with this section will result in removal from the list by
decision of the Borough Council, after a full disclosure of the facts
by all parties involved.
c.
A wrecker company that cannot respond when called shall not have
any other wrecker company, whether on the rotation list or not, respond
in its place. The next wrecker called shall be at the Charge Officer's
discretion.
d.
Any wrecker company unable to respond to four or more police requests
per month will be subject to removal from the approved list for the
next rotation week of being on service. The police desk shall allow
the phone to ring 10 times on any call before going to the next service
on the list. Any wrecker company using a paging system will be granted
a five-minute wait period to respond before police call the next wrecker
company on the list.
[1967 Code § 8-13.9; amended 3-14-2023 by Ord. No. 2023-011]
A covered facility shall be provided for security of autos impounded
by the police for death by auto or crime incidents. The covered facility
must be on the grounds of the towing service or meet the approval
of the police Department. No one shall release an impounded vehicle
without permission of the police Department representative.
[1967 Code § 8-13.10; amended 3-14-2023 by Ord. No. 2023-011]
As used in this section:
A private passenger automobile of a private or station wagon
type that is owned or hired and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pick-up body, or delivery sedan, a van, or
panel truck or a camper-type vehicle used for recreational purposes
owned by an individual or by husband and wife who are residents of
the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family, copartners or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
The removal and transportation of an automobile 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,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm.
The Chief of the Police Department of the Borough of Bound
Brook or anyone designated by him.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations, even if they were caused by the intentional
acts of a perpetrator.
An automobile storage facility that is not indoors and is
secured by a fence, wall, or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall, or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
Only those vehicles equipped with a broom or brooms, winches,
slings, tilt beds, wheel lifts, or under-reach equipment specifically
designed by their manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A list maintained by the Police Department containing the
names of those wreckers licensed by the Borough to respond to requests
for the towing of vehicles made by the Police Department.
A specially adapted vehicle used to remove motor vehicles
from one place to another; tow vehicle.
[1967 Code § 8-13.11; amended by Ord. No. 2010-04 § 4; 3-14-2023 by Ord. No. 2023-011]
The fees set forth on the schedule for towing rates are the
maximum charges that shall apply to both private passenger automobile
and commercial vehicles for towing services rendered as a result of
a police request, an accident or theft recovery. The schedule will
also set rates for road service calls initiated by the police Department
at the request of the vehicle owner. Only the amounts established
in this section will be charged to the consumer when basic towing
services and road service calls for assistance are rendered.
a.
The towing rate will include no charge for mileage from the tow company's
yard and back or a drop-off point within that route. An additional
charge will be added for each mile the tow company must travel that
is considered being out of the way. In this case, fractions shall
be rounded up to the nearest whole mile.
b.
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
c.
The tow vehicle respondents must arrive on the scene within 20 minutes
of receiving the information from police Headquarters. Failure to
abide by the above time provisions will result in the dispatch of
another tow service. Repeat violations of the above time provisions
may result in the removal of the tow service from the duty rotation.
d.
The fees set forth on the schedule for storage are the maximum to
be charged. Storage fees begin the day the vehicle is placed in storage
and terminate the day the vehicle is removed from storage. The fee
schedule shall include both passenger vehicles and commercial vehicles.
Commercial vehicle storage shall be calculated per stored unit.
e.
An administrative fee may be assessed to the consumer, provided that
the towing company adheres to the following procedure. Upon storage
of a vehicle for seven straight days, the tower must notify the vehicle
owner, via certified return receipt mail, of the storage costs already
accumulated along with an explanation of civil recourse should the
vehicle not be claimed. The tower must have a disposition for the
vehicle prior to it being stored for 30 days.
f.
The responding tow operator or licensee shall be responsible for
cleaning the scene of the accident of broken glass, metal or debris
by sweeping the road surface and removing the material to the tow
vehicle. All wreckers will be equipped with absorbent material in
case of a liquid spill. The wrecker operator will be responsible for
properly removing the absorbent material from the roadway and onto
the tow vehicle. Should this cleanup be deemed extensive, the tow
company will not charge more than the per-hour rate that is established
in the fee schedule. This cleanup must be complete to the satisfaction
of the police officer in charge of the scene.
g.
There will be no fees charged to the customer if the Police Department
canceled the services prior to the wrecker arriving on the scene.
Should the wrecker arrive but the service is no longer needed, the
customer will be liable for a road service call out.
[1967 Code § 8-13.12; amended 3-14-2023 by Ord. No. 2023-011]
Wrecker services are required to have copies of established
rates available for the vehicle owner or driver at the time of the
tow.
[1967 Code § 8-13.13; amended 3-14-2023 by Ord. No. 2023-011]
This section in no way denies the right of a motorist to request
or call for a tow operator of his/her own choosing, provided the officer
at the scene determines that the tow operator requested can arrive
at the scene within the time limit specified herein, has the proper
equipment to clear the scene and the safety of the persons or motorists
will not be jeopardized by the time involved. No officer will be required
to accept a towing service unknown to him when a disabled or wrecked
vehicle potentially threatens the safety of the public.
[1967 Code § 8-13.14; amended 3-14-2023 by Ord. No. 2023-011]
All grievances by licensees or the public shall be brought to
the attention of the Police Department and Borough Administrator.
Complaints of any violation of this section may result in the suspension
of the wrecker service by the Chief of police until the Borough Administrator
can arrange for a hearing. If it is found that a violation of this
section does exist, the Borough Council may terminate the wrecker
service's license. All decisions made by the Borough Council
shall be considered final.
[1967 Code § 8-13.15; amended by Ord. No. 2010-04 § 5; 3-14-2023 by Ord. No. 2023-011]
The fees below are set forth in the New Jersey State Police
schedule approved by the Division of Law, State of New Jersey. The
fees may be adjusted from time to time by resolution of the Council
of the Borough of Bound Brook, in accordance with revisions of the
New Jersey State Police fee schedule for these services.
|
Service
|
Fee
|
|---|---|
|
Road Service
| |
|
Cars (light)
|
$150 per hour, plus parts
|
|
Trucks (medium/heavy)
|
$200 per hour, plus parts
|
|
Towing - Basic
| |
|
Light-duty - up to 10,000 pounds
|
Hook-up $155
|
|
Medium-duty - 10,001 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 (only applicable for destinations outside
of the Borough of Bound Brook, not including the tow company's
storage facility)
|
|
Medium-duty
|
N/A
|
|
Heavy-duty
|
N/A
|
|
Recovery/Winching
| |
|
Light-duty and medium-duty - 10,001 to 16,000 pounds
|
$350 per hour
1/2-hour increments thereafter charged at $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 w/tractor
|
$550 per hour
|
|
Box trailer w/tractor
|
$500 per hour
|
|
Air cushion unit
|
$1,000 per hour
|
|
Light tower
|
$250 per hour
|
|
Pallet jack
|
$200 flat rate
|
|
Rollers
|
$200 flat rate
|
|
Any other specialized equipment
|
$300 per hour
|
|
Loader/Backhoe/Telescopic handler/bulldozer/bobcat
|
$400 per hour each
|
|
Forklift
|
$400 per hour
|
|
Dump truck/dump trailer w/tractor
|
$400 per hour
|
|
Roll-off with container
|
$400 per hour plus disposal
|
|
Recovery supervisor vehicle
|
$150 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$250 per hour each type used
|
|
Recovery support vehicle/trailer additional recovery equipment
|
$350 per hour
|
|
Labor - All Labor Minimum of 1 Hour
| |
|
Accident minor cleanup and disposal of debris
|
$25 for minor cleanup; $40 if absorbant materials used
|
|
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 - 10' x 20' space
|
$50 per day
No charge on Saturday, Sundays or holidays, unless the tow company
is open for at least a minimum four-hour period of time that day for
vehicle release. The hours must be relayed to the vehicle owners via
tow company website or other means.
|
|
Trucks (dual wheels)/single axle
|
$125 per day
|
|
Tractor/Dump truck/tractor and trailer combo/trailers
|
$125 per unit per day
|
|
Buses
|
$150 per day
|
|
Roll-off
|
$125 per day for each
|
|
Cargo/Accident debris/load storage/vehicle components - 10'
x 20' space
|
$50 per space used per day
|
|
Rental of any tow-company-supplied trailer post-incident
|
$500 per day
|
|
**Storage billed per calendar day**
| |
|
Additional Services/Notes
| |
|
Fuel/HAZMAT/Cargo spills cleanup and disposal
|
Time and materials
|
|
HAZMAT and trash recovery
|
Surcharged 10%
|
|
Subcontractor mark-up
|
20%
|
|
Administrative charge only after 3rd visit to vehicle
|
Cars only - $50
|
|
Administrative charge
|
Medium/heavy truck - $200
|
|
After-hours release
|
$85
|
|
Notification documentation fee
|
$75
|
|
Tarping/wrapping vehicle
|
$90 per car; $250 per truck
|
|
Notes: After the first hour, all hourly billable rates will
be charged in half-hour increments. Charges for all tows are inclusive
of the operator. You may not separately charge for an operator that
drives/operates the towing equipment.
|
[1967 Code § 8-13.17; amended by Ord. No. 07-03; 3-14-2023 by Ord. No. 2023-011]
[Added by Ord. No. 2010-04 § 6; amended by Ord. No. 2015-3; 3-14-2023 by Ord. No. 2023-011]
a.
The Borough Council may establish reasonable rules and regulations
for the inspection and operation of wreckers under this section.
b.
The Chief of police shall maintain due vigilance over all wreckers
to ensure they are kept in safe condition for transporting disabled
vehicles. The Chief or his designee may at any time inspect all licensed
wreckers, and shall maintain a record of the report of all such inspections.
c.
If the Chief of Police shall find the equipment used by a licensee
inadequate or unsafe, he may demand immediate correction of the inadequacy
or unsafe condition. If immediate correction is not made to the satisfaction
of the Chief of Police, the licensee's license may be suspended
until such time as the corrections or repairs deemed necessary by
the Chief of Police have been completed.
d.
The licensee shall be responsible for any vehicle and the contents
thereof in the licensee's custody, and shall be liable for any
loss while the vehicle is in the licensee's custody. The licensee
shall reimburse the owner or person identified on the vehicle's
registration for any damage or loss to the vehicle or its contents
occurring while the vehicle is in the custody of the licensee.
e.
All charges imposed by the licensee in accordance with this section
shall be paid by the owner or person identified on the vehicle's
registration or the agent thereof. The Borough of Bound Brook shall
not be liable for the payment of any sum to the licensee, which it
may allege to be due as a result of any service provided.
f.
Substantiated reports of discourteous behavior, excessive fees, or
damage to vehicles by the licensee may constitute cause for the Borough
to remove the licensee either temporarily or permanently from the
towing rotation or to revoke the licensee's license.
g.
The licensee shall make all tow vehicles and wreckers available to
the Police Department for inspection at any time.
h.
All tow vehicles and wreckers must be clearly, legibly, and permanently
marked with the name of the licensee.
i.
All tow vehicles shall be dispatched from the towing operator's
principal place of business, and shall be kept at the towing operator's
principal place of business when not actively towing another vehicle
or traveling to or from the towing operator's principal place
of business. In no event shall a towing vehicle be:
