[R.O. 1957, 6:18-1; MC 1981-18, § 1, October 19, 1981]
As used herein:
(a) 
Cruising means the driving of an unengaged wrecker along a public street at a slow rate of speed or in any other fashion calculated for the obvious purpose of soliciting business along the public highway.
(b) 
Wrecker means a self propelled vehicle equipped and employed for the purpose of towing, transporting, and conveying or removing any and all kinds of vehicles which are unable to be or actually are not operated under their own power, for which services a charge or fee is exacted.
(c) 
Wrecker Rotation means the system by which licenses are rotationally contacted by the Police Division to provide wrecker services to automobile operators. The party providing wrecker services herein shall be referred to as the "Rotation Wrecker".
(d) 
Public Wrecker means those parties who provide wrecker services to automobile operators not covered by subparagraph (c) hereinabove.
[R.O. 1957, 6:18-3]
(a) 
No wrecker shall operate upon the streets without first obtaining a license from the License Bureau.
(b) 
Nothing in this article shall apply to wreckers who:
(1) 
Pick up disabled cars outside the City limits and are in the course of taking such cars to a garage either within or without the City; or,
(2) 
Are from outside the City, and whose services are requested by the owner or driver of a disabled car only for the purpose of removing the car outside the City limits.
[1]
State law reference: As to City's power to license and regulate, see N.J.S.A. 40:52-1(a)
[R.O. 1957, 6:18-4]
(a) 
The application shall contain:
(1) 
The full name and address of the owner, lessee or bailee and the applicant;
(2) 
The type of vehicle for which the license is desired;
(3) 
Location, description and hourly availability of the tow trucks owned or operated by the applicant;
(4) 
That the applicant has available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled;
(5) 
The proposed rates to be charged; and,
(6) 
Any other information the Mayor may deem necessary to protect the public interest.
(b) 
The application shall have affixed thereto an affidavit sworn to by the applicant that all statements in the application are true.
[MC 1994-05, April 18, 1994]
(a) 
No license shall be issued to an applicant hereunder until he shall have deposited with the License Bureau the following insurance policies:
(1) 
A garage keeper's liability policy covering fire and theft in the maximum amount of Thirty Thousand Dollars ($30,000.00) per vehicle and collision coverage in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per accident; This policy (coverage) should be in the form of direct coverage (primary basis).
(2) 
A garage liability policy covering the operation of applicants business, equipment, or vehicles, for any bodily or property damage. This policy will be in the amounts of Five Hundred Thousand Dollars ($500,000.00) for any one (1) person killed or injured and One Million Dollars ($1,000,000.00) for more than one (1) person injured or killed in any one accident. This policy shall also provide Twenty-Five Thousand Dollars ($25,000.00) coverage for all damages arising out of injury or destruction of property;
(3) 
Each policy required herein must contain an endorsement providing for thirty (30) days notice to the City in the event of any material change or cancellation.
Within two (2) weeks after receipt of an application as provided for herein the License Bureau shall refer the application for investigation as to the truth of the statements of the application and the applicant's qualifications. The approving agency shall report its findings in writing to the License Bureau.
The Mayor shall grant a license hereunder when he finds that:
(a) 
The public convenience and necessity require the proposed wrecking service for which application has been submitted;
(b) 
Insurance policies as required by this article have been procured;
(c) 
The applicant is a reputable person;
(d) 
The applicant has never been convicted of any crime or any disorderly persons provisions; and,
(e) 
The requirements of this article and all other governing laws have been met.
[R.O. 1957, 6:18-3; MC 1984-24, § 1, September 4, 1984]
A wrecker's license shall be issued for one (1) year from October 1 to September 30 of the following year.
[R.O. 1957, 6:18-4]
(a) 
Any licensee desiring to change the rates which are expressed in the application shall file notice of such intention with the License Bureau.
(b) 
Wreckers, licensed by an application designating a fixed rate within the City, shall carry their customers to destinations outside the City at a prior, mutually agreed upon price.
[R.O. 1957, 6:18-10]
Upon satisfactory fulfillment of the requirements of this article and payment of the prescribed fee, the License Bureau shall issue a license and license plate for the wrecker.[1]
[1]
Cross reference: As to the fee, see Article 17 of this chapter.
[R.O. 1957, 6:18-12]
(a) 
All wreckers shall contain a card or metal plate to be furnished by the License Bureau.
(b) 
The card or plate shall be affixed to a prominent portion of the wrecker. It shall be easily read and state the:
(1) 
License number;
(2) 
Rates charged; and,
(3) 
Conditions of employment.
[R.O. 1957, 6:18-6]
Any license issued to a person is transferable by the licensee from one (1) vehicle to another, provided the licensee is the owner of the motor vehicle.
[R.O. 1957, 6:18-9]
The License Bureau shall keep a register of the names of all persons owning or operating a vehicle or vehicles licensed under this article.
[R.O. 1957, 6:18-7]
(a) 
The Director of Public Affairs and Safety or his designee is authorized and empowered to make reasonable rules and regulations for the operation of wreckers.
(b) 
The Director or his designee is authorized to establish such additional rules and regulations, not inconsistent with this article, as may be necessary to govern wreckers.
[R.O. 1957, 6:18-15]
(a) 
The regulations governing wreckers shall be as follows:
(1) 
No driver of any wrecker shall seek employment by repeatedly and persistently driving his wrecker to and fro in a short space or by otherwise interfering with the proper and orderly progress of traffic along the public highways.
(2) 
No driver shall engage in cruising.
(3) 
No driver or owner of a wrecker shall solicit or attempt to divert prospective patrons of another wrecker. He shall not solicit or divert prospective patrons of any garage to another garage.
(4) 
No driver or owner of a wrecker shall solicit, demand or receive from any person any pay, commission or emolument whatever, except the proper fare for transporting the disabled vehicle in accordance with the schedule of charges as given in Section 9:16-16. He shall not give or offer to give any gratuities, fees or other compensation or gifts to any member of the Police Division.
(5) 
No flashing lights or sirens shall be used on a wrecker except by permission granted by the State Director of Motor Vehicles under the provisions of N.J.S.A. 39:3-50.
(6) 
Wreckers shall keep and maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner.
(7) 
Wreckers shall not employ or use illegally a short wave radio to obtain information as to the location of the scene of an accident or disabled vehicle.
[MC 1981-18, § 1, October 19, 1981]
(a) 
Rotation Wreckers shall charge for their towing and storage services such rates as are set forth in Section 9:16-16 of this article, and such future rates as may be fixed by ordinance.
(b) 
Public Wreckers shall charge for their towing and storage services such rates as are set forth in approved license applications or as are set forth in rate charges filed with the License Bureau.
[R.O. 1957, 6:18-11, as amended Dec. 16, 1968; MC 1981-18, § 1, October 19, 1981]
(a) 
The prices which may be charged by the owners or drivers of Rotation Wreckers for transportation or hauling shall not exceed the following:
(1) 
Conveying disabled passenger automobile from one point in the City to another point:
(A) 
Between 8 A.M. and 6 P.M. — Twenty-Five Dollars ($25.00); and
(B) 
Between 6 P.M. and 8 A.M. — Thirty-Five Dollars ($35.00).
(C) 
An additional charge of Ten Dollars ($10.00) may be imposed if the vehicle in question must be placed on a dolly or flatbed.
(2) 
Conveying a disabled passenger automobile from any point in the City to points outside the City, the charge shall be predetermined by the Rotation Wrecker and submitted to the customer for approval.
(b) 
The rate shall not exceed Thirty-Five Dollars ($35.00) whether day or night on the following days unless additional charges are imposed under paragraph (a)(1)(C) above:
(1) 
Saturdays;
(2) 
Sundays;
(3) 
New Year's Day;
(4) 
Memorial Day;
(5) 
Independence Day;
(6) 
Labor Day;
(7) 
Thanksgiving Day; and,
(8) 
Christmas Day.
(c) 
The rate to be charged for hauling or transporting any truck or omnibus shall be predetermined by a written mutual agreement.
(d) 
If possible, all additional work other than conveying a vehicle shall be predetermined by written mutual agreement.
(e) 
Storage rates shall not exceed Three Dollars ($3.00) for the first twenty-four (24) hours or any part thereof.
[R.O. 1957, 6:18-13]
Every driver of a wrecker shall give the customer a receipt for the fee paid upon request.
[R.O. 1957, 6:18-14]
(a) 
All disputes as to fee shall be determined by the officer in charge of the Police Headquarters.
(b) 
The officer shall file a detailed report of the dispute with the Chief of Police.