[1972 Code § 30-17]
This chapter shall be known as the "Towing Ordinance of the
Borough of Watchung."
[1972 Code § 30-18; Ord. No. OR:10/01 § 1; Ord. No. OR:13/05]
As used in this chapter:
Shall mean all towing in which the vehicle is on the roadway.
Shall mean the Chief of the Police Department of the Borough
of Watchung or the Chief's designee.
Shall mean towing when a vehicle is off the roadway or overturned.
Shall mean the traveled pavement, including the shoulder
of the road and parking lots.
Shall mean a list maintained by the Police Department containing
the names of those wreckers licensed and contracted by the Borough
to respond to requests made by the Police Department for towing of
vehicles. One list shall be for regular or light duty wreckers, and
another list shall be for heavy duty wreckers.
Shall mean a person engaged in the business of, or offering
the services of a towing service whereby motor vehicles are or may
be towed or otherwise removed from one place to another by the use
of a motor vehicle adapted to and designed for that purpose.
[1972 Code § 30-19]
The Borough, at the beginning of each 36 month period, shall
secure a contract with those licensed wreckers providing the services
specified in this chapter, which wreckers shall be called upon by
the Chief of Police when required. The contract shall provide for
an annual review of the wrecker's services and compliance with
this chapter.
[1972 Code § 30-20]
Any person who wishes to engage in business as a wrecker in
the Borough at the request of the Police Department, shall be licensed
by the Borough pursuant to this section.
[1972 Code § 30-21]
Any person, who desires to provide services as a wrecker at
the request of the Police Department in the Borough, shall submit
an application for a wrecker service license to the Chief of Police.
The application shall set forth the following information:
a.
The
full name, address and telephone number of the applicant. If the applicant
is a corporation, the name of the corporation and the name and address
of the officers, directors, principals and its registered agent. If
the application is a partnership, the names and addresses of all partners.
b.
The
year, make, and type of each wrecker used in said wrecker business
by the applicant, the wrecker's serial number, registration number,
a clear photograph of each wrecker showing the registration plate,
and the name and address of its registered owner.
c.
The
address where the wrecker or wreckers will be regularly garaged, stored
and located.
d.
The
telephone number or numbers available on a 24 hour, seven day per
week basis, and the names, addresses and New Jersey Motor Vehicle
driver's license numbers of all wrecker operators.
e.
The
location, size, and security features of the storage lot where vehicles
shall be towed, a clear photograph or photographs of the lot, which
lot shall be screened from public view, and which lot shall conform
with all municipal ordinances, land use laws and the applicable zoning
code. No vehicle towed pursuant to this chapter shall be stored in
a storage lot located within the Borough's boundaries for a time
period exceeding one week. No person shall be charged by a wrecker
any towing or other fee for returning a vehicle to a storage lot located
within the Borough if that vehicle was previously removed in order
to avoid exceeding the above state one week limitation.
f.
The
name and address of the insurance carrier and agents and the policy
limits and policy numbers of all insurance policies held by the applicant
in regard to the wrecker and storage services.
g.
A
certified statement of the willingness of the wrecker to be available
on a 24 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.
[1972 Code § 30-22; Ord. No. 98/11 § 2; Ord. No. 98/29 § 2; Ord. No. OR:10/01
§ 2]
The Chief of Police, or designee, shall investigate each application
submitted to determine:
a.
The
truth and accuracy of all information contained in the application.
b.
Whether
public convenience and/or necessity will be served by awarding the
license to the applicant wrecker.
c.
The
applicant's practical and technical ability to perform the wrecker
service as described in this chapter.
d.
The
applicant's and his operators' fitness to engage in the
wrecker business licensed pursuant to this chapter.
e.
Whether
the applicant has demonstrated, by the adequacy of its equipment facilities,
availability and response time and the security of its storage facilities
that it shall be able to comply with the requirements of this chapter.
f.
Whether
the applicant wrecker's equipment is safe and in good and sound
condition, and that it complies with the rules, regulations and standards
of this chapter, as well as any applicable provision of New Jersey
law, including, without limitation, New Jersey Motor Vehicle law.
g.
For
an applicant applying for regular or light duty, the applicant's
wrecker equipment must meet the following standards:
1.
At least two light duty wreckers with a minimum chassis rating of
11,000 pounds gross vehicle weight and equipped with a minimum four
ton capacity lifting device;
2.
At least one flatbed type wrecker with a minimum chassis rating of
11,000 pounds gross vehicle weight;
3.
At least two of the above vehicles must either have four wheel drive;
or at least two of the above vehicles must have a minimum chassis
rating of at least 14,500 pounds gross vehicle weight.
h.
For
an applicant applying for heavy duty, the applicant's wrecker
equipment must meet the following standards:
1.
At least one heavy duty wrecker with a minimum chassis rating of
28,000 pounds gross vehicle weight and equipped with a minimum 25
ton capacity lifting device.
i.
All
vehicles must be equipped with two-way radios, cab mounted amber emergency
warning lights (conforming to New Jersey Motor Vehicle law standards),
two sling type bars with rubber straps and/or wheel lifts with safety
straps to prevent damage to towed vehicles with steering locks for
towing vehicles from the rear.
j.
The Chief of Police, or designee, upon completion of the foregoing investigation, shall forward a copy of the wrecker's application for a license to the Mayor and Borough Council, along with any recommendation for approval or disapproval of the application and the reasons, if any, for disapproval. The Mayor and Borough Council shall then determine whether or not the applicant has complied with all the necessary standards and criteria and thereupon approve or disapprove the issuance of a license to the applicant. If the application for the wrecker's license is so approved, the applicant shall submit an executed wrecker service contract in approved form to the Borough for review and execution by the Borough. Upon execution of the Towing Services Agreement by the Borough and the applicant, the license shall be issued to the applicant and the applicant's name will be added to the end of the rotation list for towing pursuant to Section 8-11 of this chapter.
[Ord. No. 98/29 § 3; Ord. No. OR:13/05]
a.
Upon
receipt of a contract fully executed by a duly approved licensee accompanied
by a licensing fee of $750, the Borough Clerk shall issue a three-year
wrecker's license to the licensee.
b.
All
current wrecker licenses shall expire on May 31, 2013. All licensed
wreckers will receive a pro-rated refund of the unused portion of
their three-year license fee.
c.
All
licenses shall be renewable on June 1, 2013 and expire on May 31,
2016 and every three years thereafter, regardless of when a license
is secured by the wrecker.
[1972 Code § 30-24]
Any contract entered into by the Borough with a wrecker pursuant
to this chapter shall include a provision whereupon the licensed wrecker
assumes all liability and shall indemnify and save the Borough, its
subdivisions, departments, agents, and employees, harmless from damage
sustained by vehicles while being towed or stored and from all personal
injuries and property damage occurring to any persons, or property,
as a result of the performance of the wrecker's services, including,
but not limited to, towing, storage, or other such activities relating
to the licensed contracted wrecker's services.
[1972 Code § 30-25]
Any contract between the Borough and a licensed wrecker shall
provide for and require the following insurance policies, naming the
Borough as an additional insured, be deposited with the Borough Clerk.
a.
Garagekeeper's
Policy. A garagekeeper's liability policy in the minimum amount
of $100,000 for each vehicle damaged on a separate claim.
b.
Garage
Liability Policy. A garage liability policy covering applicant's
business, equipment, and vehicles in the minimum amount of $500,000
for any one person injured or killed, and a minimum of one million
($1,000,000.00) dollars for more than one person killed or injured
in any accident and an additional one million ($1,000,000.00) dollars
for any damage arising from injury or destruction to property, and/or
a combined single limit of one million ($1,000,000.00) dollars. In
addition to each policy containing an endorsement showing the Borough
as an additional insured, such policy shall also provide an endorsement
entitling the Borough to 30 days' prior written notice to the
Chief of Police in the event of any change in coverage under the policy,
or in the event of the cancellation of the policy.
c.
Worker's
Compensation Policy. A worker's compensation policy covering
all of applicant's employees and operators, containing statutory
coverage including liability coverage of at least $100,000 for each
accident per person, $500,000 policy aggregate limit per occurrence,
and $100,000 for each occurrence per person.
[1972 Code § 30-26; Ord. No. 98/11 § 4; Ord. No. 98/29 § 4]
All operators of licensed wreckers who have entered into contracts
with the Borough shall be obligated to comply with the following duties:
a.
Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief of Police's sole discretion designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation.
b.
Store such vehicles and move such vehicles as directed by the Chief
of Police or his designees.
c.
Provide 24 hour, seven day a week service to the Borough during the
term of the contract.
d.
Respond promptly to all requests for towing services by the Chief
of Police. In any event, the wrecker shall respond and be present
at the location for towing services within 15 minutes of receipt of
notice of the towing required between the hours of 6:00 a.m. and 9:00
p.m. (hereinafter "daytime"), and within 20 minutes of receipt of
notice between the hours of 9:01 p.m. in the evening and 5:59 a.m.
(hereinafter "nighttime").
e.
Not charge any fee for replacement equipment provided at the scene
of the tow, notwithstanding any information provided by the Chief
of Police to the wrecker at the time of providing notice of the need
for the towing service.
f.
Tow, at a 50% discount to the Borough, any and all disabled Borough
owned or Borough operated vehicles upon request by the Chief of Police.
g.
Clean up all broken glass and debris at the scene of accidents (all
wreckers must be equipped with a broom and a shovel).
h.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so designated
by the Chief of Police. Such standby service shall begin when the
Chief of Police notifies the wrecker and shall end when the Chief
of Police notifies the wrecker. The Borough reserves the right, during
any such emergency, to designate temporary areas owned or leased by
the Borough and/or the wrecker for the storage of disabled vehicles,
and to direct the wrecker to remove such disabled vehicles to said
areas.
i.
Record all vehicles towed on forms provided by the Chief of Police as soon as possible after each vehicle is towed, but no later than the end of each wrecker's rotation pursuant to Section 8-11 below, and retain such records for a period of seven years.
The Borough shall be provided with a copy of any and all records
evidencing that a vehicle has been towed and/or stored by the wrecker.
Such records shall include a record of all personal property found
within a towed vehicle that can be observed by the wrecker's
operator at the time the vehicle comes into the wrecker's possession,
an accounting of all monies received for fees for towing, and a separate
accounting of all monies received for fees for storage services pursuant
to this chapter. The Chief of Police shall have access upon demand,
to any and all records required to be kept by this chapter.
j.
In all of
the wrecker's dealings with the public, the wrecker shall act
in a professional manner, courteous at all times, and respectful to
members of the public, as well as representatives of the Borough.
Reports of discourteous behavior by the wrecker or his operators which
may be substantiated and documented, shall be considered by the Borough
as sufficient cause for revocation and termination of the wrecker's
license and be considered a material default under any contract entered
into with a wrecker pursuant to this chapter.
[1972 Code § 30-27]
The Chief of Police is hereby authorized to establish a system
of rotation for the assignment of licensed and contracted wreckers
to provide the services required pursuant to this chapter within the
Borough. The rotation system shall be established on a nondiscriminatory
and nonexclusionary basis. Only licensed wreckers shall be assigned
to the rotation list. A licensed wrecker shall be added to the rotation
list at any time upon obtaining a license and upon agreeing to the
terms and conditions of a contract entered into pursuant to this chapter.
All new licensed wreckers shall be assigned to the rotation list at
the bottom of such list as they become licensed and contract with
the Borough for the service provided pursuant to this chapter. All
licensed contracted wreckers shall provide services to the Borough
pursuant to this chapter on a rotating basis. No licensed contracted
wrecker shall provide services pursuant to the rotating list during
any given season of the year for more than one year. The rotation
list shall be composed so as to permit seasonal rotation of licensed
contracted wreckers.
[1972 Code § 30-28; Ord. No. 98/11 § 5; Ord. No. 98/29 § 5]
a.
Storage Rates. Fees to be paid by the Borough to the wrecker for
storage of removed motor vehicle shall be as permitted by Section
3 of P.L. 1987, c. 127, (N.J.S.A. 40:48-2.50) and set forth on a fee
schedule.
[1972 Code § 30-29]
The Chief of Police shall recommend to the Mayor and Borough
Council, which shall establish by resolution a rate schedule for towing
to be charged by a wrecker in the Borough pursuant to this chapter.
The rate schedule shall not exceed those rates promulgated by the
Commissioner of Insurance for Somerset County pursuant to Section
60 of P.L. 1990, c. 8 (N.J.S.A. 17:33B-47).
[1972 Code § 30-30]
All fee schedules shall be made available to the public during
normal business hours of the Borough in the offices of the Borough
Clerk, and conspicuously posted at the wrecker's storage area
and any repair garage operated by the wrecker. The wrecker's
operator shall present to the owner or operator of the disabled vehicle,
prior to commencing any service, a card clearly and concisely setting
forth the wrecker's name, telephone number, location of its storage
area, and a fee schedule in plain language.
[1972 Code § 30-31]
No wrecker or towing service, whether licensed or unlicensed
by the Borough, shall respond to the scene of an accident or emergency
for the purposes of towing a vehicle unless specifically notified
by the Chief of Police or his designee or the individual involved
in the accident or emergency. All persons, wreckers and owners of
towing equipment are hereby prohibited from soliciting business at
the scenes of accidents and emergencies within the Borough.
[1972 Code § 30-32]
The Chief of Police is hereby authorized to establish and cause
the enforcement of such reasonable, nondiscriminatory and nonexclusionary
regulations governing operators engaged in the business of removing
and storing motor vehicles, and to cause the enforcement of such reasonable
regulations to effectuate this chapter as the Chief of Police may
deem appropriate for the safety, well-being, and protection of citizens
within this Borough and their property. All regulations promulgated
pursuant to this chapter shall be made available to the public during
the normal business hours of the Borough at the offices of the Borough
Clerk.
[1972 Code § 30-33]
The Chief of Police may terminate or suspend any license when
he finds that:
a.
The license
was secured by fraud or that it contains misrepresentations or concealments
of material facts or omits material facts which would have affected
the granting of the license to the applicant; or
b.
That the licensee has violated any of the provisions of this chapter
or any of the regulations promulgated by the Chief of Police, as authorized
by this chapter, or has breached the contract with the Borough, entered
into pursuant to this chapter.
[Ord. No. OR:10/01 § 3]
Every licensed wrecker shall accept payment by cash, credit
card, money order or personal or business check. All of these forms
of payment shall be acceptable.
[1972 Code § 30-34; New; Ord. No.
OR:10/01 § 4]
[1972 Code § 30-36; Ord. No. OR:10/01 § 5; Ord. No. OR:13/05]
Any action required to be taken pursuant to this chapter by
the Mayor and Borough Council may be authorized by a resolution of
the Mayor and Borough Council.
