Any individual wishing to operate a truck for the purpose of
towing vehicles within the confines of the City of Wildwood at the
request of a private person or entity other than the owner or operator;
shall apply to the City Clerk for a towing license. No towing business
or service station operating solely for the purpose of towing vehicles
at the request of the owner or operator shall be required to obtain
a towing license.
The application for a towing license shall include the provision
of the following information: description of each vehicle to be used
for towing, including model, year, gross vehicle weight, license plate
number, vehicle identification number, type of towing mechanism.
Upon approval each vehicle shall be issued a license for towing
and a sticker which must be displayed on the driver side rear window
of the vehicle. Each license shall be assigned to a single vehicle
and may not be interchanged with other vehicles. Each vehicle can
only be registered to one place of business.
Each application for towing license shall be accompanied by
the fee provided for in the schedule of mercantile licenses fees for
the City of Wildwood.
Each tow truck operator shall maintain general liability insurance
for his business in the amount of seven hundred fifty thousand ($750,000.00)
dollars per incident and seven hundred fifty thousand ($750,000.00)
dollars aggregate and garage keepers legal liability insurance in
the amount of five hundred thousand ($500,000.00) dollars for comprehensive
and collision per incident.
a.
Every towing service operator shall keep a log of all vehicles towed
by his trucks. The log shall be in a bound book, and shall contain,
with respect to each tow, the date, time, location of from where the
vehicle was towed, license plate number and state of the vehicle,
make and model, and notes of any defects noticed in inspecting the
vehicle.
b.
Each tow truck shall be equipped with the following: amber emergency
flashing lights (strobe or revolving); shovel and broom for cleaning
debris and all necessary tools and implements for properly and safely
towing vehicles.
c.
Each tow operator shall store each towed vehicle in an area which
provides appropriate security, protection, and minimum security of
fenced yard with lighting. Any storage area charging in excess of
twenty-five ($25.00) dollars per day shall be deemed not to comply
with the terms of this paragraph. Storage fee will be charged after
the first 24 hours of storage.
d.
Each tow operator shall provide a form to release a vehicle to its
owner or its representative upon demand and a receipt for payment
of services.
e.
Each tow operator shall deposit towed vehicles only at a facility
providing 24-hour-a-day service for the owner to recover his vehicle.
An owner recovering their vehicle after normal business hours, Monday
through Friday, 8:00 a.m. to 5:00 p.m., shall pay an additional late
fee of fifty ($50.00) dollars.
f.
All vehicles towed under the provisions of this chapter must be stored
in the City of Wildwood for a minimum of ten days. If the owner does
not recover the vehicle after ten days, tow operator shall notify
the City Wildwood Police Department and at no additional cost may
transfer said vehicle to a storage facility controlled by the tow
operator which complies with all regulations in paragraph c of this
section, until appropriate disposition of the vehicle.
g.
Each vehicle used to tow shall be identified on the driver and passenger
side front doors with the following information in at least three
inch letters: name of the operator, city of business, and phone number.
h.
No tow operator shall use a tow vehicle or other means to obstruct
vehicles from leaving an area, except for the one vehicle he may be
preparing to tow, for which a "call-out" or "hook-up" fee may be charged
if the owner arrives before the vehicle is towed.
i.
No tow operator shall pay a commission to any person who requests
towing service.
j.
A copy of the city's towing regulations shall be posted and
available to the public at the tow operator's place of business
and at any separate storage area operated by the licensee.
k.
The tow operator shall notify the City of Wildwood Police Department
within seven calendar days if a vehicle has not been claimed within
five calendar days of the time it was towed.
l.
As per N.J.S.A. Title 40:48A2.9 all units of government which utilize
a private concern to perform public tow operations must set up a procedure
to handle citizen complaints regarding the cost of towing. Further,
all tow operators must post in a conspicuous place the fees approved
by the governing body of the City of Wildwood. This procedure shall
only be utilized to deal with the question of the price of tow operators.
m.
Should a person feel they are being incorrectly charged for a vehicle
tow they are to obtain a form designed for the reporting of such incidents
as attached as Exhibit A to this document. A copy of the approved
fees shall also be made available at that time. Said form shall be
available from the Police Desk, Office of the Mayor, Information Desk
at City Hall, or Information Bureau on the boardwalk.
n.
Said form shall be completed as required and submitted to any of
the four locations.
o.
The employee receiving such completed report shall cause the form
to be delivered to the office of the purchasing agent personnel director
who will investigate said claim and issue a written decision and response
explaining the reasons for said decision.
p.
Either party may appeal this decision to the commissioner of public
safety whose decision shall be final and without appeal.
Former Section 18-7, Towing List, previously codified herein
was deleted in its entirety by Ordinance No. 985-13.
a.
Upon submission to the city of the appropriate forms by the tow operator
after a vehicle has been held for seven days, the city shall make
all necessary arrangements for the filing of said forms with the state
and the holding of a public auction sale of the vehicle in accordance
with law. Auctions will take place, if practical, every six months.
b.
When a vehicle is sold, the minimum bid price shall be a total of
towing and storage fees accumulated on the vehicle as of the date
of the sale. Should there be no bid on the vehicle, the tow operator
shall be assigned ownership of the vehicle by the City of Wildwood
pursuant to the forms filed by the operator for a certificate of ownership
as liquidated damages for the accumulated fees. If bids are received,
the City of Wildwood shall receive the fee and will then pay the tow
operator the total of the accumulated fees. No other payment shall
be made by the City of Wildwood or an owner.
a.
For the purpose of this chapter, all licensed operators shall charge
the following fees:
Standard towing: $125.
Call out fee: $50.
Accident tows: $125.
Rollovers or vehicle crash into structure: $200.
Towing of city vehicle: $40.
Vehicles over 18,000 pounds: $150.
b.
There shall be no surcharges or service charges applied to any vehicles
for whatever reason.
All properties that meet the following definitions shall post
towing signs as described herein.
a.
PUBLIC PARKING LOTS — Lots for which a mercantile license is
required to charge for the privilege of parking a vehicle.
b.
SEMI-PUBLIC LOTS — Any vacant or otherwise unused lot for which
parking is prohibited to the general public and only to those receiving
permission of the owner or agent that holds more than four vehicles.
c.
PATRON/EMPLOYEE PARKING LOTS — Lots reserved for the use of
the patrons or employees of a business establishment.
d.
No tow operator may remove any vehicle from private property unless
he insures that the property from which he tows has the proper signs
posted in accordance with city regulations authorizing towing from
that property.
a.
General Requirements. Each lot must be posted with signs at the entrance
and about the location where visible to entering or parking of vehicles
from any location on the facility, with the following specifications:
b.
Location of Signs. Each shall be posted at entrance to facility.
If posting at the entrance is not sufficient to provide adequate notice
due to the largeness of lot then posting about the location where
visible to entering or parking of vehicle from any location on the
facility.
d.
Maximum Height of Signs. Towing signs no higher than eight feet.
e.
Classification of Signs; Information Required.
1.
Primary Sign — "UNAUTHORIZED VEHICLES WILL BE TOWED"; the name
of towing company, the address and phone number of the towing company
and the fee for towing individual boxed underneath the prohibitory
reading.
2.
Secondary Sign — "NO PARKING, TOW AWAY ZONE," with name of
towing company and phone number, or "UNAUTHORIZED VEHICLES TOWED,"
with name of towing company and phone number.
f.
Design Specifications.
1.
Primary.
(a)
Professional painted letters in warning phrases three inches
in visible contrasting colors. The director of public safety or his
designee shall determine the appropriateness of the specific color
combinations on a case by case basis.
(b)
Company name boxed seven inches by 12 inches lined area, logo
coloring.
(c)
Address and telephone number boxed seven inches by 12 inches
lined area, logo coloring.
(d)
Fee in a four inch by four inch boxed lined area in red. The
letters shall be at least three inches tall "Minimum Charge ___________."
The director of public safety is hereby empowered to promulgate
and adopt rules and regulations to implement the intent of this chapter.
Any person who violates any section of this chapter shall, upon
conviction thereof, be subject to imprisonment not exceeding 90 days
and/or a fine of not less than one hundred ($100.00) dollars. Each
day that any violation of any section of this chapter shall exist
shall constitute a separate offense and shall be charged as a separate
offense by the issuance of additional process.
