This chapter shall be known and cited as the "Montville Township
Towing Ordinance."
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly states otherwise:
AUTOMOBILE
A private passenger automobile, station wagon, van, motorbike,
motorcycle, ATV, moped, or similar vehicle, that is owned or hired
and is neither used as a public or livery conveyance for passengers
or rented to others with a driver; and any other automobile having
a registered vehicle weight of less than 12,500 pounds.
BASIC TOWING SERVICE
The servicing of a vehicle or the removal and transportation
of a vehicle from a highway, street, or other public or private road,
parking area or from a storage facility. This chapter and the definitions
herein shall not include the recovery of a vehicle from a position
beyond the public right-of-way or berm, or from being impaled upon
any other object outside of the public right-of-way or berm.
DISABLED VEHICLE
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle the location of which constitutes
a hazard to the motoring public shall be deemed disabled for the purposes
of this chapter.
EMERGENCY REPAIR SERVICE
Repairs which can be performed at the scene of a tow, including
but not limited to flat tire changing, jump starting and gasoline
deliveries.
HEAVY-DUTY WRECKER/TOW TRUCK
At a minimum, contractors on the truck list shall meet the
following requirements:
A.
Vehicle must have a manufacturer's gross vehicle weight
rating (GVWR) of 40,000 pounds;
B.
Heavy-duty hydraulic tow truck classification shall be 26,500
pounds up to 80,000 pounds;
C.
Each heavy-duty contractor must have available at least one
flatbed truck, one landall or equivalent trailer, and one recovery
trailer equipped with air cushion/air bag recovery, recovery straps,
broom and shovel, regular saw, and K-12 saw/chain saw;
D.
All drivers involved in heavy-duty/rescue towing must have a
New Jersey CDL Class A license with hazardous material, tank, and
double and triple trailer endorsements;
E.
All drivers must have TRAA levels 1, 2 and 3 towing certificates;
F.
Heavy-duty hydraulic tow truck classification shall be 26,500
pounds up to 80,000 pounds, with minimum twenty-five-ton hydraulic
extendable boom and minimum 45,000 pounds hydraulic under reach; minimum
two 25,000 pound hydraulic winches.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage
area or at a Township facility as a result of abandonment, involvement
in an accident, or suspected criminal activity.
INSIDE BUILDING STORAGE FACILITY
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles and that is secured by a locking device on each bin or
opening.
LICENSED WRECKER
Any wrecker licensed pursuant to the provisions of this chapter.
LICENSEE
Any person, firm, partnership, association, corporation,
company, or organization of any kind that is in contract with the
Township, pursuant to this chapter, to provide wrecker/towing services
to the Township.
MONTVILLE TOWNSHIP STORAGE FACILITY
A.
The Montville Township Public Works Garage located at 143 River
Road, Montville.
B.
Montville Township Police Department, Sally Port located at
360 Main Road, Montville.
C.
Montville Township Police Department storage area as directed
by officer in charge, located at 360 Main Road, Montville.
OUTSIDE SECURED STORAGE FACILITY
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six feet in height and is protected with on-site security
or an alarm system. Outside storage facilities shall also maintain
adequate lighting to protect stored vehicles from vandalism.
OWNER
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Township of
Montville, which vehicle, by reason of being disabled or abandoned
on the roads and highways of Montville Township, requires towing and/or
servicing.
PERSON
Any person, firm, partnership, association, company or organization
of any kind.
TOWING OPERATOR
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
vehicles.
TOWNSHIP COMMITTEE
Elected officials of the Township of Montville through which
legislative and investigative powers of the municipality are exercised.
WAITING TIME
Additional time the tow operator spends at the scene beyond
the first 10 minutes after arriving on the scene due to circumstances
which do not allow access to the vehicle to be towed, such as police
investigation, extrication and/or medical treatment of involved persons,
etc.
WRECKER/TOW TRUCK
A vehicle driven by mechanical power and employed for the
same purpose of towing, transporting, conveying, recovering or removing
any and all kinds of vehicles under 12,500 pounds, which are unable
to be and actually are not operated under their own power from the
place where they are disabled to some other place, or any vehicle(s)
which the Police Department has ordered to be impounded.
Licensees shall furnish towing, storage and emergency repair
services, in conformance with this chapter, to motor vehicles within
the limits of the Township of Montville when requested to do so by
the Montville Police Department. These services are to include the
towing and storage of unclaimed or abandoned vehicles when requested
to do so by the Montville Township Police Department.
Applications for a license issued hereunder shall be on forms
furnished by the Montville Township Clerk's Department and shall
state:
A. The full name and business address of the applicant, and whether
he is owner, lessee or bailee. 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 registered agent, and the telephone
numbers available on a twenty-four-hour-per-day basis.
B. The year, make and type of each wrecker, its serial number, registration
number, vehicle lifting capacities and registered owner.
C. The address where the wrecker(s) shall be regularly garaged.
D. The names of all towing vehicle operators, their addresses and the
serial numbers of their New Jersey motor vehicle driver licenses.
E. Evidence to demonstrate that the person, company or corporation applying
for this license has at least three years' experience, as sole
proprietor or as an employee, in the towing of automobiles.
F. That the applicant has an inside building storage facility or outside secured storage facility with available space for properly accommodating and protecting all motor vehicles to be towed or otherwise removed from the place where they are disabled or impounded, and that any such vehicles will not be stored or allowed to remain on public property or Township streets or on property which is not zoned for such storage. The facility must be located either within the Township boundaries or within three miles traveling distance from the boundaries of the Township. The applicant must, therefore, obtain from the Zoning Officer of the Township of Montville a zoning permit demonstrating that the premises upon which the inside building storage facility or outside secured storage facility is located does not violate Chapter
230, Land Use and Development. The zoning permit, once obtained, must be made part of the application.
G. That the applicant can ensure a fifteen-minute arrival on-scene time
on all calls, heavy or unusual traffic conditions excepted. A fifteen-minute
response time shall mean that the applicant shall arrive at the location
where the tow is to occur within 15 minutes of being informed that
tow services are required.
H. The application shall have affixed thereto an affidavit to be sworn
by the applicant that all of the information given in the application
is true and correct, and said application shall be submitted to the
Township Clerk no later than November 1 of the year preceding the
license year.
I. All drivers involved in heavy-duty rescue towing must provide copies
of New Jersey CDL Class A license with hazardous material, tank, double
and triple trailer endorsements. All drivers must also provide proof
of medical clearance. Drivers must also hold a National Driver Certification
from TRAA or Wreckmaster equivalent:
Level 1 for light-duty towing and recovery;
Level 2 and 3 for heavy-duty towing and recovery.
An application fee for each license shall be accompanied by an application fee as set forth in Chapter
169, Fee Schedule, payable to the Township of Montville, in addition to any fee for the criminal history check set forth in §
358-7 as well as any other fees required by this chapter. These fees do not include the license fees as set forth in §
358-9. Such application fees are not refundable in the event that an inspection of the vehicle(s) has been made and no license is issued because of failure to comply with any of the requirements of this chapter or of any regulations mandated under this chapter by the Police Chief.
The Police Chief shall approve and classify an application only
when he finds that the following requirements have been met:
A. That the public convenience and necessity will be served by the use
of the vehicle(s) for which the application has been made.
B. That the insurance policies as required herein have been procured
and supplied.
C. That the applicant and proposed operators are fit persons to operate
the wrecker and conduct a wrecker service in the Township. License
holders will be required to submit a list of operators and their legal
addresses and keep the Police Department informed of any changes in
the operator's and/or their legal addresses.
D. That the requirements of this chapter and all other governing laws,
statutes and ordinances have been met.
E. That the wrecker(s) have been properly licensed and inspected by
the State of New Jersey having the necessary stickers affixed, and
meet with the required minimum standards as set forth by this chapter.
F. Compliance with the requirements of §
358-5 and all other sections of this chapter.
G. That the applicant demonstrates to the Police Department that the
applicant will be able to ensure a fifteen-minute on-scene arrival
time for each call, heavy or unusual traffic conditions excepted.
An applicant for a license under this chapter, as well as any
licensee, has the right to file an administrative appeal of any action
taken or ruling made by the Police Chief in the administration of
this chapter. The appeal must be filed in writing with the Township
Administrator within 10 calendar days of the Police Chief's decision.
A hearing is to be held within 15 days of the filing of the appeal
and a written ruling from the Township Administrator shall be the
final administrative decision rendered on any appeal filed pursuant
to this chapter.
The Township of Montville believes there will be occasions that require the licensee to provide services to Township-owned vehicles. The licensee shall charge the Township according to the service rates delineated in §
358-13 for performing these services. This municipal expenditure is subject to municipal budgeting law. The service shall include, but not be limited to, jump starts and change of flat tires of Township vehicles.
Only licensed towers of the Township of Montville are subject
to the terms of this chapter. When the owner or driver of a disabled
vehicle indicates a choice of a specific wrecker owner who is not
licensed by the Township pursuant to this chapter, that wrecker shall
be called to the scene at the discretion of the police officer on
the scene based on his/her consideration of the public safety and
the need to clear the scene. If any such wrecker is called to the
scene, this chapter does not apply to that wrecker's activities.