[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; amended 9-18-2025 by Ord. No. 25/10]
In addition to the insurance requirements set forth in N.J.A.C. 13:45A-31.3, as may be amended from time to time, all licensed wrecker providing municipal towing services must maintain the following insurance policies and accompanying requirements, which shall be included in any contract between the Borough and the licensed wrecker, and shall provide evidence of same at the time of application:
a.
Commercial Auto Liability policy: a commercial auto liability policy providing coverages for all vehicles utilized by the towing operator, for the death of or injury to persons and damage to property for each accident or occurrence in the amount of $1,000,000, combined single limit.
b.
Garage keeper's policy: a garage keeper's liability policy in the minimum amount of $100,000, and on-hook coverage, for each vehicle damaged on a separate claim.
c.
Garage liability policy: a garage liability policy covering the applicant's business. equipment and vehicles in the minimum amount of $500,000 for any one person injured or killed, and a minimum of $1,000,000 for more than one person killed or injured in any accident and an additional $100,000 for any damage arising from injury to or destruction of property, and/or a combined single limit of $1,000,000.
d.
Worker's Compensation policy: a worker's compensation policy covering all of the 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 disease, and $100,000 for each disease per person.
e.
Umbrella liability insurance policy in the amount of $2,000,000 to include all required Liability coverages outlined above as underlying insurance, following form over the other insurance provisions contained therein.
f.
Each policy, excepting only the Workers Compensation, shall contain an endorsement naming the Borough as an Additional Insured, on a Primary & Non-Contributory basis, with a Waiver of Subrogation in favor of the Borough. All policies 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.
[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 § 30-36; 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.