[HISTORY: Adopted by the Township Council
of the Township of Stafford 11-26-1991 by Ord. No. 91-71; amended in its entirety 11-20-2018 by Ord. No. 2018-25. Subsequent amendments noted where applicable.]
As used in this chapter, terms shall be defined as follows.
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 related thereto, but
does not include the recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
The removal of a vehicle from a position beyond the right-of-way
or berm of any roadway, but does not include any area where the recovered
vehicle, if operable, could be driven from without the assistance
of special equipment or others.
A person, firm or corporation engaged in the business of
providing wrecker services and storage services for vehicles towed,
which services are made available to the general public upon such
rates, charges and fees as determined by said person, firm or corporation
and who is licensed under the provisions of this chapter.
Any operation in which a vehicle is moved onto a roadway,
from a position substantially off the roadway, or any operation in
which substantial work is required to prepare a vehicle for normal
towing.
A vehicle driven by mechanical power and employed for the
purposed of towing, transporting, conveying or removing any and all
kinds of vehicles, or parts of vehicles, which are unable to be operated
under their own power, for which a service charge or fee is exacted.
A.
There is hereby established a rotating list of towing and storage
contractors authorized to provide vehicle towing and storage services
as required by the Township of Stafford. The Chief of Police shall
be responsible for the administration of the rotating list. Based
on the traffic volume and number of collisions within the Township
borders, the governing body deems it necessary for the interest and
welfare of its inhabitants to have at least five official towing contractors
on its rotating list. However, in order to protect the interest and
welfare of its inhabitants, the Township reserves the right to add
additional towing contractors to the established list if the volume
of traffic and number of collisions warrants.
B.
The Township of Stafford deems it necessary to appoint one or more
additional tow contractors to the rotating list.
(1)
The appointed persons or companies will be known as "official towers."
(2)
Official towers will be identified by means of a license issued in
accordance with the provisions of this chapter.
(3)
The award of a license to an applicant is subject to compliance with
the license requirements of the chapter.
A.
Basic towing. Basic towing services shall be available and provided
24 hours a day, seven days a week, including holidays, for the entire
geographic area of the Township of Stafford. The contractors on the
rotating list must be able to respond to any tow scene within 15 minutes
of the Township's request.
B.
The tower will be responsible for cleanup of debris in accordance
with N.J.S.A. 39:4-56.8, with the exception of fuel oil, chemicals
or hazardous waste materials.
C.
Storage requirements:
(1)
Storage lot must display a certificate of occupancy for automotive-related
use from the Township of Stafford or the respective Township where
the lot is located.
(2)
Storage shall be provided for all vehicles towed until claimed by
the vehicle owner or disposed of in accordance with applicable law.
(3)
Towing operator must be equipped to provide proper, safe and secure
storage for all vehicles that are towed and stored. The Stafford Police
Department will conduct an annual inspection of the storage facility.
(4)
Storage facility must be located within 15 minutes of place of tow.
(5)
Storage facility must have twenty-four-hour surveillance.
(6)
The contractor shall provide adequate land sufficient to store a
minimum of 10 vehicles, be enclosed by a security fence to deter trespassing
and/or vandalism and an inside garage area space for at least one
vehicle must be available.
(7)
Adequate lighting between dusk till dawn.
(8)
Facility available 24 hours a day, 365 days per year, and open to
the public on weekdays during normal business hours and limited hours
on Saturdays and Sundays.
A.
Motor vehicles which are stolen, abandoned, involved in a crime,
involved in a fatal collision or a collision which in the judgement
of the police may become fatal shall be considered police impounds.
Police impounds shall be towed to a designated police impound property
at the selection of the investigating officer due to the nature of
the investigation.
B.
Police impounds shall not be released, entered or photographed without
prior police approval.
Towing operator granted as an authorized tower of Stafford Township
must meet or exceed the following standards.
A.
Heavy-duty fleet requirements (if applicable). Towers having heavy-duty
trucks in their fleet, the requirements will follow:
(1)
Boom capacity of no less than 16 tons, which meet the following criteria.
(2)
Thirty-three thousand pounds GVWR minimum commercially manufactured
hydraulic wrecker and chassis, with underreach capabilities.
(3)
Compliance with state and federal DOT requirements governing commercial
motor vehicles.
(4)
Air brakes.
(5)
Air transfer system to control brakes of towed vehicles.
(6)
Vehicle manufacturer serial plate legible and visible for inspection
on undercarriage and chassis boom or certified by manufacturer's
rating paperwork.
(7)
Two safety chains, two inches by 10 feet, with a minimum of Grade
8 alloy.
(8)
Axle lifts, safety straps or equivalent retention device.
(9)
Amber emergency lights with proper light permit from the State of
New Jersey.
(10)
Two flood- or work lights to the rear of the wrecker.
(11)
Two light bar or magnetic tow lights.
(12)
Two-way radio or cellular phone.
(13)
Assortment of wood blocks and boards.
(14)
Assortment of tools.
(15)
Flashlight.
(16)
T-bolts/maxi release pins.
(17)
Angle iron.
(18)
First aid kit.
(19)
Broom and shovel.
(20)
Road flares, triangles or road cones.
(21)
Two twelve-ton snatch blocks per winch.
B.
Wrecker. At least one four-ton-or-larger-boom-capacity wrecker with
boom and drum capable of being operated from inside or outside the
wrecker, having a minimum rating of four tons; drums to have a minimum
of 100 feet of cable at least 3/8 inch in diameter with a recommended
working limit of a minimum of 7,000 pounds; recommended gross vehicle
weight of truck or chassis of 10,000 pounds or greater; and dual rear
wheels maintained and equipped at least in accordance with manufacturer's
specifications; equipped with emergency warning lights with permit.
C.
Safety equipment to be carried on tow trucks shall include the following:
(1)
One universal towing sling.
(2)
Five gallons of Speedy Dry or equivalent absorbent material.
(3)
Shovel and broom.
(4)
Tow hooks and chains.
(5)
One snatch block for three-eighths to one-half-inch cable.
(6)
Two high-test safety chains.
(7)
Auxiliary safety light kit to place on rear of towed vehicle.
(8)
Tool box with assortment of hand tools and emergency pry bars.
(9)
At-scene work lights.
(10)
Fire extinguisher.
(11)
Steering wheel lock or tie down.
(12)
Protective gloves.
(13)
Removal bins for debris.
(14)
Flat beds: at least one flatbed or car carrier with at least
a one-car capacity with emergency warning lights with permit.
(15)
Safety equipment to be carried on tow trucks on call shall include
the following:
(a)
Shovel and broom.
(b)
Tow hooks and chains.
(c)
One snatch block for three-eighths to one-half-inch cable.
(d)
Two high-test safety chains.
(e)
Auxiliary safety light kit to place on rear of towed vehicle.
(f)
Tool box with assortment of hand tools and emergency pry bars.
(g)
At-scene work lights.
(h)
Fire extinguisher.
(i)
Protective gloves.
(j)
Removal bins for debris.
D.
Required vehicle operating licenses.
(1)
All drivers must have a valid New Jersey driver's license to
operate the vehicles and equipment required hereunder.
(2)
Each heavy-duty driver must possess a commercial driver's license
(CDL) and must comply also with 49 CFR 391.51. Additionally, each
heavy-duty driver must have a valid New Jersey medical certificate.
(3)
The nationally recognized organizations that are acceptable for the
Stafford Police Department are:
(a)
WreckMaster: Level 2/3 certification must be obtained by all
drivers to ensure all employees towing for Township of Stafford have
the proper training and knowledge to perform a level of service.
(b)
WreckMaster: Level 4/5 certification must be obtained in order
to tow heavy-duty vehicles which will be examined by the New Jersey
State Police Commercial Vehicle Inspection Unit based off of an investigation.
(c)
Towing and Recovery Association of America: Level 1 certification
must be obtained by all employees towing for the Township of Stafford
to have the proper training and knowledge to perform a level of service.
(d)
Towing and Recovery Association of America: Level 2 Medium/Heavy-Duty
certification must be obtained in order to tow heavy-duty vehicles
which will be examined by the New Jersey State Police Commercial Vehicle
Inspection Unit based off of an investigation.
(4)
All certificates will be verified and maintained at the Stafford
Police Department annually.
A.
Insurance.
(1)
Towers must present a certificate of liability insurance from a company
licensed to provide insurance in the State of New Jersey certifying
the following coverage, which shall be maintained throughout the license
term.
(a)
Garage liability insurance: Limit of liability shall not be
less than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
[1]
Automobile liability insurance. Limit of liability shall not
be less than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
[2]
Garagekeepers insurance. Physical damage insurance policies
shall be specifically endorsed to provide direct primary insurance,
where applicable, for vehicles in tow, possession of, or storage on
property owned or controlled by the tower. Limit of said coverage
shall be not less than $200,000.
[3]
Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $500,000 garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsections A(1)(a)[1] and [2] are not less than $1,000,000 combined single limit.
(b)
Workers' compensation insurance; New Jersey statutory coverage,
including employer's liability coverage.
(2)
All public liability insurance, including garage liability and garagekeepers
legal liability coverage, shall name the Township of Stafford and
its officers, agents, employees as additional insureds and shall hold
them harmless and indemnify them from any and all claims filed against
the Township arising out of any act or failure to act on behalf of
the tower and shall contain an endorsement providing 30 days'
notice to the Township in the event of any material changes of the
policy or cancellation thereof.
B.
Personnel. Towing operators and employees shall be fully trained
and knowledgeable in the operation of all required equipment, must
be competent to provide minimum road services for disabled vehicles,
present a neat appearance at all times, obey all traffic safety laws
and shall not have been convicted of an indictable criminal offense
or any offense including but not limited to stolen or embezzled vehicles,
fraud relating to the towing business, stolen property or any offense
of similar nature within the past seven years.
C.
Land use.
(1)
All facilities and sites used for towing operations and storage,
wherever located, must comply with all applicable municipal zoning
regulations, land use approvals, construction permits and property
maintenance.
(2)
Licensees must remain in continuous compliance with all approvals
and conditions of approvals throughout the license term.
(3)
Failure to obtain and comply with all requisite approvals and conditions
or to rectify any violations as required by the appropriate enforcement
authority shall result in suspension or revocation of the license
as provided herein.
D.
Location. Towing operators shall be located in a geographic area
that enables a response time of 15 minutes under normal circumstances.
A.
To apply for and obtain a towing license, the following fees apply:
(1)
Applications fee: $100 annual.
(2)
Background checks: $20 for each background check conducted by the
Township on each employee. Background checks will be completed one
time for each employee. These backgrounds are necessary and will be
done in the interests of public safety.
(3)
Fees paid pursuant to this section are not refundable for any reason.
B.
Required information. Applications for towing licenses must provide
the following information:
(1)
Name, residence, business address and telephone number of the owner
of the towing company. If the owner is a corporation, limited-liability
company, partnership or other business entity, the application must
contain the name, residence, business address and telephone number
of every stockholder owning more than 10% of the issued stock or member
owning more than 10% of the membership interest.
(2)
Current registrations and proof of insurance of each vehicle in the
applicant's fleet.
(3)
Verification of three years' towing-for-hire experience, either
as an owner or principal, which shall be confirmed by the Police Department.
(4)
For each employee, full name and home address.
(6)
For both applicant and each employee, full fingerprinting and criminal
background check in accordance with the procedures established by
the Police Department.
(7)
For each driver, copies of individual New Jersey Motor Vehicle Commission
drivers' abstracts.
(8)
Names and addresses of at least two business references that have
known the applicant for at least two years and can attest to the applicant's
experience and performance in the towing, wrecking and storage business.
(a)
Proof from the Zoning Officer or other appropriate official
in the municipality where any facilities and sites used for towing
operations and storage are located that those facilities and sites
are in compliance with all applicable zoning regulations, land use
approvals and property maintenance codes.
C.
Application deadline. Applications shall be submitted to the Township
Clerk no later than April 1 of the licensing year. Late applications
will not be considered. On or before February 1 of the licensing year,
the Township Clerk shall provide public notice of the application
period.
D.
Police department review:
(1)
Background check to determine if either the applicant or the applicant's
personnel have been convicted of any indictable offense or any offense
involving stolen or embezzled vehicles, fraud relating to the towing
business, stolen property, or any offense of similar nature and maintain
all required licenses in good standing.
(2)
Inspection of personnel, vehicles, equipment and storage areas to
determine the accuracy of information set forth in the applications
and compliance with the licensing and eligibility standards set forth
pursuant to 192-6 and all applicable laws, regulations and performance
standards.
A.
Following review, the Chief of Police or the Chief's designee
shall issue a written report to the Township Council detailing the
results of the required background investigation and inspection and
recommending approval or rejection of the applicant based on the criteria
set forth in this chapter.
B.
Upon consideration of the report issued by the Chief of Police or
the Chief's designee, the Township Council shall award licenses
to qualified applicants by resolution.
C.
Applications for towing licenses may be rejected on any or all of
the following grounds:
(1)
The applicant's or its employees' criminal convictions
for any indictable offense or any offense involving stolen or embezzled
vehicles, fraud relating to the towing business, stolen property,
or any offense of similar nature, within the past seven years.
(3)
Repeated or egregious violations of the requirements of this chapter
during previous service as a licensed tower for the Township of Stafford.
(4)
Repeated complaints from the general public, substantiating and documented
by the Police.
(5)
Department of inadequate or unsatisfactory service or improper or
illegal practices during previous service as a licensed tower for
the Township of Stafford.
(6)
Fraudulent or illegal activity of any kind.
E.
Said license shall be nontransferable.
A.
In order to assure provision of safe and efficient towing service,
tow licenses pursuant to this chapter shall be issued upon the following
basis.
B.
A towing rotation shall be established on a per-incident basis throughout
the Township. This rotation will be calculated and monitored by the
Stafford Police Department Traffic Safety Unit. The number of tow
operators in the rotation will be determined by the number of licenses,
not to exceed five, issued pursuant to this chapter.
Every operator of a towing service shall give the owner a written
itemized bill for the towing cost and a written receipt when paid.
A schedule of the towing regulations and fees shall be posted for
viewing by the public at each towing business on the police duty list
and in the Traffic Safety Office in the Police Department. Towing
charges and fees shall be as follows:
A.
Towing;
(1)
Class 1 vehicle, GVWR 6,000 pounds or under: $175.
(2)
Class 2 vehicle, GVWR 6,001 to 10,000 pounds: $200.
(3)
Class 3 vehicle, GVWR 10,001 to 15,000 pounds: $225.
(4)
Class 4 vehicle, GVWR 15,001 pounds and up: $350 per hour based upon
portal to portal. Detailed breakdown of hours must be provided.
B.
Off-road recovery/winching, as defined in this chapter, to be billed
in thirty-minute increments:
(1)
Class 1: $100 per hour.
(2)
Class 2: $175 per hour.
(3)
Class 3: $350 per hour.
(4)
Class 4: covered under the hourly rate § 192-10A(4).
D.
Miscellaneous.
(1)
Debris cleanup is mandatory and included within the initial hookup
fee. If debris is excessive and requires more than 20 minutes to remove,
a one-time fee of $50 is permitted.
(3)
Standby/wait time on scene: $75 per hour billed in fifteen-minute
increments after 15 minutes on scene has elapsed. Tow operators must
notify an officer on the scene upon their arrival and departure.
E.
Additional personnel/truck on scene to assist: $100 per hour per
truck, billed in thirty-minute increments once vehicle is on scene.
Billed on a case-by-case basis, must be supported by documentation
and reviewed by the Traffic Safety Officer and his/her decision will
be final.
F.
Holiday rates: 1 1/2 times the regular towing rate for towing
on the following holidays.
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New Year's Day
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Easter Sunday
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Memorial Day
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Independence Day
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Labor Day
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Thanksgiving Day
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Christmas Day
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G.
The tow operators shall not charge any fee not defined in this section
unless previously authorized by the owner of the vehicle being towed/recovered.
H.
Tow operators shall provide a specific itemized list of services
to the Traffic Safety Unit within three days of the date of service.
Reports can be facsimile, physical copy or electronic mail.
The Chief of Police or his designee shall have the power to
suspend a towing operator from the rotational duty service list for
a period of up to 30 calendar days for failure to comply with any
section of this chapter. A subsequent violation may result in the
permanent removal of a towing operator from the rotational duty service
list for a twelve-month period. A towing operator may appeal a suspension
or a permanent removal. In such cases, an appeal may be filed with
the Township Clerk within 10 business days of the suspension or removal.
A hearing shall be held by the Stafford Township Council within 30
business days of the filing. The Stafford Township Council shall render
its determination within 20 business days following the conclusion
of the hearing. The governing body's determination as rendered
shall be final and conclusive under this chapter.
Any person, firm or corporation who willfully violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties as provided in Chapter 134. Each and every violation of this chapter for each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct violation hereof. The Police Department is specifically designated as the enforcement officers to serve and execute process for violation of this chapter.
