[HISTORY: Adopted by the Mayor and Council of the Borough
of Wood-Ridge 11-9-1999 by Ord. No. 99-20 (Ch. 227 of the 1986
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 343.
A.
HIGH-FREQUENCY POLICE RADIO RECEIVING SET
WRECKER
As used in this chapter, the following terms shall have the meanings
indicated:
A radio receiving set capable of receiving any message sent
out by any police communications system.
A public vehicle employed for the purpose of towing, transporting
and/or conveying or removing any and all kinds of vehicles which are
unable to be and/or are actually not operated under their own power,
for which service a charge or fee is exacted.
No person who wishes to engage in municipal police towing shall
engage in the business of operating wreckers or tow trucks for the
aforementioned purpose within the Borough without first obtaining
a license therefor.
A.
Every applicant for a license under this chapter shall complete,
sign and verify a written application, in duplicate, on forms furnished
by the Borough Clerk. The form must include the name and address of
the applicant along with the names, addresses and percentage of ownership
of any person owning 10% or more of the applicant entity.
[Amended 3-26-2013 by Ord. No. 2013-5]
B.
The application shall state:
(1)
Name and address of the applicant.
(2)
Residence address and full local address, if any, of the applicant.
(3)
Serial number and registration of each vehicle to be operated by
the applicant.
(4)
Location of storage area for wreckers and cars and the amount of
available space for storage of towed cars.
(5)
Name and address of insurer and policy numbers of garage keeper's
liability and garage liability policies.
(6)
Consent to appointment of the Borough Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
(7)
Agreement to be available for service or on call 24 hours a day and
to abide by the fees contained in this chapter.
(8)
Copy of the State of New Jersey Business Registration Certificate.
[Added 3-26-2013 by Ord. No. 2013-5]
(9)
Copy of the State of New Jersey Department of Transportation Hazardous
Materials Certificate of Registration.
[Added 3-26-2013 by Ord. No. 2013-5]
(10)
Certification signed by the applicant that the applicant meets,
at the time of application, all provisions of this chapter, including
but not limited to provisions related to insurance requirements, licensee
qualifications, storage capabilities, equipment and personnel requirements.
[Added 3-26-2013 by Ord. No. 2013-5]
(11)
Consent signed by the applicant permitting the Wood-Ridge Police
Department to:
[Added 3-26-2013 by Ord. No. 2013-5]
A.
The applicant shall file the completed application forms, in duplicate,
with the Police Department of the Borough annually between August
1 and no later than October 30 of each year. The said filing period
shall be applicable for licenses issued in the succeeding three calendar
years.
B.
A designee in the Police Department shall be charged with the investigation
of prospective licensees and shall recommend the issuance of a license
when he finds that:
(1)
The public convenience and necessity require the proposed wrecker
service for which application has been submitted.
(2)
Applicants and tower employees of applicants shall be fingerprinted
by the Borough of Wood-Ridge at the applicant's cost as part
of the application process so that the required investigatory background
check be accomplished in proper fashion. Such persons shall also be
subject to a driver's license check as part of the application
inquiry.
(3)
The application submitted by the applicant complies with the requirements
of this chapter and all other applicable ordinances of the Borough.
C.
The Borough Clerk and the Police Department designee shall make such
determination on the number of licenses to be issued in any given
term based upon public convenience and necessity and the difficulty
of administering and/or enforcing the terms of this chapter upon a
large and/or unwieldy number of licensed towers.
D.
The Mayor and Council of the Borough of Wood-Ridge shall be the final
arbiter in determining whether a certain number of licenses per term
shall be required in accordance with the provisions of this section.
A.
The Borough Clerk shall promptly notify the applicant of the approval
of his application by a designee of the Police Department and shall
issue the license.
B.
The license shall contain the following:
(1)
Name and address of licensee.
(2)
Number of the license and amount of fee paid.
(3)
Date of issuance of the license and expiration date.
(4)
Signature of the Borough Clerk and the Seal of the Borough.
(5)
A list of all drivers and employees with evidence of their articulated
vehicle driver's license or commercial driver's license,
as well as their official social security number.
C.
All licenses shall expire on December 31 three years from the date issued unless an earlier expiration date is indicated on the license. Yearly fees shall be payable in accordance with Subsection E hereinbelow.
D.
The Borough Clerk shall send a copy of the license to the Police
Department for filing and shall keep permanent record of all licenses
issued.
E.
The yearly fee for a license issued pursuant to this chapter is $500.
No portion of said fee shall be prorated for any part of a year.
F.
Any and all licensees holding a license for a three-year term as
provided for herein shall file an annual renewal license between December
1 and December 15 of each year thereof and shall pay the annual fee
provided for hereinabove.
G.
If during any such three-year license period a particular licensee voluntarily surrenders its license for any reason whatsoever and/or is suspended and/or debarred as a licensee for any reason under the terms of this chapter or any other such proper reason, then in that event it shall be within the discretion of the Mayor and Council to fill such licensee slot in accordance with the criteria set forth in § 490-4C hereinabove.
[Amended 10-12-2004 by Ord. No. 2004-11; 8-16-2011 by Ord. No.
2011-12; 12-7-2016 by Ord. No. 2016-26; 12-4-2019 by Ord. No.
2019-16]
C.
Recovery/winching (in addition to towing, per truck, including driver).
(1)
Light/medium duty (10,001 pounds to 16,000 pounds): $175 per 1/2
hour.
(2)
Heavy duty (16,001 pounds and above): $600 per hour.
(3)
Rotator/crane recovery unit: $1,200 per hour.
(4)
Tractor with Landoll trailer or detach trailer: $450 per hour.
(5)
Tractor/transport hauler only: $250 per hour.
(6)
Refrigerated trailer with tractor: $450 per hour.
(7)
Box trailer with tractor: $400 per hour.
(8)
Air cushion unit: $1,000 per hour.
(9)
Light tower: $250 per hour.
(10)
Pallet jack: $200.
(11)
Rollers: $200.
(12)
Any other specialized equipment: $250 per hour.
(13)
Loader/backhoe/telescopic handler/ bulldozer/bobcat: $300 per
hour, each.
(14)
Forklift: $300 per hour.
(15)
Dump truck/dump trailer with tractor: $350 per hour.
(16)
Roll-off with container: $350 per hour plus disposal.
(17)
Recovery supervisor vehicle: $150 per hour.
(18)
Scene safety equipment, communications, traffic management,
etc.: $250 per hour, each.
(19)
Recovery support vehicle/trailer, additional recovery equipment:
$350 per hour.
D.
Storage
of vehicles per calendar day (inside rates two times outside rate).
(1)
Cars/light
trucks, ten-foot-by-twenty-foot space: $45 per day.
(2)
Trucks
(dual wheels)/single axle: $90 per day.
(3)
Tractor/dump
truck/tractor and trailer combo/trailers: $125 per unit, per day.
(4)
Buses:
$150 per day.
(5)
Roll-off:
$125 per day, each.
(6)
Cargo/accident
debris/load storage/vehicle components: $45 per space used, per day.
(7)
Rental
of any tow-company-supplied trailer post-accident: $500 per day.
E.
Mileage
fees.
(1)
There
shall be no mileage fees for medium-duty and heavy-duty vehicles charged
to an owner or driver for any mileage within the borders of the Borough
of Wood-Ridge or for any mileage within the borders of the Borough
to the tow operator's facility. Mileage fees are permitted for light-duty
vehicles at the rate of $6 per loaded mile within the Borough or to
the tow operator's facility. Alternate-destination tows will be negotiated
between the towing company and the owner or driver.
(2)
Fees
for towing vehicles into or out of the Borough of Wood-Ridge must
be agreed upon by the owner of any such vehicle, in writing, prior
to the vehicle being towed. The owner or operator of a vehicle shall
have the right to select a tower of his or her choice, including towers
with a place of business outside of the Borough, provided that such
disabled vehicle is not then interfering with the vehicular or pedestrian
flow of traffic and that the location of such vehicle does not present
a danger to vehicular or pedestrian traffic.
F.
Additional services.
(1)
Accident
minor clean-up and disposal of debris: $75 per hour (one-hour minimum),
plus absorbent material used.
(2)
Recovery
supervisor and/or Level III specialist: $225 per hour.
(3)
Certified
towing operator: $125 per hour, per man.
(4)
Manual
laborers: $100 per hour, per man.
(5)
Fuel/HazMat/spills
clean-up and disposal: time and material.
(6)
HazMat
and trash recovery: surcharged 10%.
(7)
Subcontractor
mark-up: 10%.
(8)
Administrative
charge (only after third visit to vehicle): cars only, $50.
(9)
Administrative
charge (medium/heavy trucks): $200.
(10)
After-hours
release: $75.
(11)
Notification
documentation fee: $50.
(12)
Tarping/wrapping
vehicles: $90 car; $250 truck.
(13)
Go
jacks/skates: $40.
(14)
For
anything not covered in this rate list, the usual and customary fee
should apply.
G.
Fee cards. Fee cards conspicuously indicating the maximum rates for
towing and storage of a vehicle within the Borough shall be kept in
the possession of the drivers of all wreckers and presented to the
driver or owner of any vehicle to be towed.
H.
The owner and/or occupier of any towed vehicle shall be presented
with an itemized bill detailing all of the charges which the tower
has billed on or before payment has been made by such vehicle owner.
A.
No license shall be issued to an applicant until he shall have deposited
with the Police Department the following insurance policies:
(1)
Comprehensive general liability insurance. Limit of liability shall
not be less than $300,000 combined single limits (bodily injury and
property damage) per occurrence and aggregate, including premises
operations and procedures/completed operations.
(2)
Automobile liability insurance. Limit of liability shall be not less
than $300,000 combined single limits (bodily injury and property damage)
per occurrence. (Note: Liability insurance policies shall be specifically
endorsed to provide collision insurance for vehicles in tow.)
(3)
Workers' compensation insurance statutory coverage, including liability
coverage, with a limit of at least $100,000.
(4)
Excess umbrella, in the amount of $1,000,000, giving protection in
excess of the $300,000 general and auto liability coverage.
B.
On all liability policies, the Borough of Wood-Ridge shall be named
as an additional insured, and insurance certificates shall indicate
such coverage.
C.
Insurance coverage shall indemnify the Borough of Wood-Ridge and
the public against any loss due to injuries, accidents or damages
of any character whatsoever, where any such damage is the result of
act or omission of the licensee, his agents or employees in or due
to the execution of the work called for under this chapter.
D.
The applicant shall provide the Borough with certificates of insurance
evidencing the coverages required above. Such certificates shall provide
that the Borough be given at least 30 days' prior written notice
of any cancellation of, intention not to renew or material change
in such coverage. These certificates must be provided before commencing
work in connection with this chapter. Failure to submit the same with
the application shall subject such applicant to immediate disqualification.
E.
The providing of any insurance required herein does not relieve the
applicant of any of the responsibilities or obligations pursuant to
this chapter or for which the applicant may be liable by general law
or otherwise.
F.
Failure to provide and continue in force such insurance as required
hereinabove shall be deemed a material breach of this chapter and
shall immediately nullify any license then in force.
A licensee must comply with the following requirements:
A.
Any person, company or corporation requesting this license must have
had a towing business for a minimum of three years and must be of
known good reputation in the field of wrecking, towing, etc.
B.
The licensee shall be available to provide service 24 hours per day,
seven days per week.
C.
The wrecker/tow truck shall have a passenger seat to transport the
driver of the vehicle to be towed, under appropriate circumstances,
at no additional cost to the owner of the vehicle.
D.
Wreckers/tow trucks shall have paging capabilities with their dispatching
center on a twenty-four-hour basis.
E.
Calls must be answered within 15 minutes of the Wood-Ridge Police
Department's notice to a licensee to respond to a call, unless a mutually
agreed time is approved.
F.
The licensee shall provide each wrecker/tow truck with a shovel,
broom and other equipment necessary to clean up broken glass and debris
from the scene of an accident to which it is summoned. The driver
of such wrecker/tow truck shall be responsible for such cleanup.
G.
All wreckers/tow trucks used and employed in towing of vehicles shall
be kept in a clean, good working condition and the name, address and
telephone number of the licensee shall be conspicuously displayed
on each vehicle.
H.
All licensees shall be required to comply with all state and local
laws and be licensed as required.
I.
The licensee shall, when performing under this license, follow the
lawful directions of the officers of the Wood-Ridge Police Department
and agents or representatives of the Borough of Wood-Ridge.
J.
A person retrieving his vehicle shall be able to transact all business,
including the pickup of the vehicle and payment of fees, at the same
location.
K.
There shall be no piling of vehicles.
L.
Vehicles shall be towed and stored in a safe manner so as to prevent
any damage to such vehicles.
M.
The licensee shall be responsible for the towing of any disabled
Borough-owned vehicle when requested by the Borough. This service
will be furnished to the Borough for the minimum applicable show-up
charge.
N.
The licensee shall provide a clean waiting room for the public with
a restroom and access to a public telephone.
O.
The licensee shall possess a State of New Jersey Business Registration
Certificate.
[Added 3-26-2013 by Ord. No. 2013-5]
P.
The licensee shall possess a State of New Jersey Department of Transportation
Hazardous Materials Certificate of Registration.
[Added 3-26-2013 by Ord. No. 2013-5]
No license shall be granted to an applicant unless and until
he has appointed the Borough Clerk as his true and lawful attorney
for the purpose of acknowledging service out of any court of competent
jurisdiction served against the applicant.
A.
All licensees must have a minimum of 5,000 square feet to accommodate
a minimum of 15 vehicles and may be divided into two parcels so as
to provide indoor storage for a minimum of two motor vehicles. The
parcels must be fenced in and secured and in an area that permits
the towing and storage of vehicles. Any and all cars towed from the
Borough of Wood-Ridge must be stored in the facility storage area
designated by the licensee and approved by the Borough of Wood-Ridge.
In order to facilitate the transaction of business between the tower
and the parties towed, all licensees shall maintain a business office
approved by the Borough of Wood-Ridge for the transaction of any such
business required under this chapter.
B.
If the licensee is the owner in fee simple of the required number
of square footage, he is to submit with his license a certified copy
of the deed for the land containing a metes and bounds description
of the same.
C.
If the licensee has a lease for the required number of square footage,
he is to submit with his license a copy of the lease or leases containing
a metes and bounds description of the same. Licensees must have a
lease which extends to at least six months after the termination date
of the towing portion of this license.
D.
If the licensee has an option or options to lease or purchase the
required number of square footage, he is to submit with his license
a copy of the option agreements containing a metes and bounds legal
description of the same.
E.
The deeds, leases or options to lease or purchase are to be approved
as to form and legality by the Borough Attorney.
F.
Visual on-site inspection of the land shall be made before award
of a license by the Borough or its designees. All the land proposed
to be utilized by the licensee for storage must be level and clear
of debris and must be clearly marked as having the area necessary
to maintain the minimum capacity of 15 vehicles for the Borough.
G.
The entire land area or areas must be enclosed by a fence of sturdy construction and at least seven feet in height or the maximum permitted by the applicable section of Chapter 530, Zoning, whichever is less, so that the storage will not be visible to the public.
H.
The operation of the site(s) shall conform at all times to fire regulations
of the Borough of Wood-Ridge or the municipality in which the site(s)
is located.
I.
The storage facility must provide a minimum of eight hours per day
(9:00 a.m. to 5:00 p.m.), Monday through Friday, and four hours on
Saturday (9:00 a.m. to 1:00 p.m.), for reclaiming of towed vehicles.
There shall be no release fees charged for releasing vehicles after
normal business hours.
J.
Prior to the awarding of any license hereunder, the licensee shall
prove to the Borough of Wood-Ridge that his said locations are legally
zoned for such storage of vehicles. The licensee shall comply with
all applicable laws where such place of business is located.
K.
An impounded vehicle shall not be parked upon a public street or
sidewalk, quasi-public street or sidewalk or any public area but must
be stored by the licensee within the storage area so provided; the
licensee, his agents or representatives shall not use the vehicles
for the use of the licensee or their personal use. License plates
shall not be removed from any vehicle, except when lawfully required
by the Wood-Ridge Police Department or other government agency, or
switched to any other vehicle.
L.
The impounded areas must be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
M.
The Borough of Wood-Ridge shall have access to any part of storage
areas at any time of the day or night for the purpose of inspection
and/or investigation. This shall include indoor and outdoor areas.
N.
There shall be no unescorted access to the storage area by the public.
The Wood-Ridge Police Department, from time to time, shall establish
rules and regulations regarding the public access to the vehicle so
impounded and/or stored; such rules and regulations may also be amended
from time to time. This requirement must be strictly enforced. Failure
to follow these rules and regulations shall be cause to cancel an
issued license.
A.
The governing body hereby designates the Police Department generally
and a designee of the Police Department in particular as its agent
to supervise the enforcement of the terms and provisions of this chapter
and the rules and regulations adopted hereunder.
B.
No individual, owner or operator of a wrecker shall respond to the
scene of an automobile accident except upon notification by the officer
in charge of police headquarters or upon request of the driver or
owner of the vehicle involved.
C.
The officers investigating accidents which require a wrecker shall
get authorization from the drivers or owners of cars as to whom is
to perform the towing.
D.
To amplify and expedite the enforcement of the provisions of this
chapter, a designee of the Police Department is authorized to establish
a system of rotation in the assignment of wreckers when the owner
or the driver declines to indicate any specific choice of wrecker
to remove the disabled vehicle. The system of rotation shall be nondiscriminatory
and anti-exclusionary in that licensed towers and/or wreckers shall
be summoned in order as their name appears on a rotation list. The
list shall be established by date of license issuance, i.e., first
license issued, first name on list, etc.
A.
No wrecker shall maintain a high-frequency police radio receiving
set for the purpose of intercepting police calls in regard to disabled
vehicles.
B.
At the direction of the Wood-Ridge Police Department, licensees hereunder
shall be required to remove from the roadway or any other public property,
including but not limited to municipal parking lots, parks, playgrounds
and Board of Education property, all junk and abandoned vehicles in
accordance with the following:
(1)
A "junk vehicle" shall be defined as a motor vehicle incapable of
being operated safely or of being put in a safe operational condition
except at a cost in excess of the value thereof. If the vehicle is
unclaimed by the owner or other person having legal right thereto
for a period of 15 business days, the licensee shall notify a designee
of the Police Department that the vehicle has been held for the statutory
time and that the vehicle is ready for sale.
(2)
An "abandoned vehicle" shall be defined as a motor vehicle which
cannot be certified for a junk title certificate pursuant to N.J.S.A.
39:10A-3. If the vehicle is unclaimed by the owner or other person
having legal right thereto for a period of 20 business days, the licensee
shall notify a designee of the Police Department that the vehicle
has been held for the statutory time and that the vehicle is ready
for sale.
(3)
Proceeds from the sale of junk or abandoned vehicles shall be used
to satisfy any towing or storage charges which may have accumulated
on the vehicle. Excess proceeds shall be paid to the Borough treasury.
If the proceeds are insufficient to cover the accumulated costs, such
excess cost shall be waived by the licensee, and no further funds
will be due from the Borough or the purchaser of the vehicle.
(4)
The Wood-Ridge Police Department, on behalf of all of the licensees
hereunder, shall be charged with the obligation to obtain junk titles
from the Director of the Division of Motor Vehicles, whether any such
vehicles are denominated as a junk vehicle and/or an abandoned vehicle
pursuant to N.J.S.A. 39:10A-1 et seq. For purposes of this section,
all such licensees shall be defined as a "motor vehicle repair facility"
by either trade name and/or corporate designation. The owner of vehicles
towed by order of the Police Department for violations of law and/or
deemed to be abandoned shall be subject to provide any licensee hereunder
with the necessary title provided for in N.J.S.A. 39:10A-1 et seq.
(5)
This section will be administered in accordance with N.J.S.A. 39:10A-1
et seq.
C.
No wrecker shall possess or exhibit flashing lights, except as provided
under N.J.S.A. 39:1-1 et seq.
A.
The licensee must have the following equipment operating at all times
and ready for call to a location within the boundaries of the Borough
of Wood-Ridge when dispatched by the Wood-Ridge Police Department,
pursuant to the terms of the license and for the full term of said
license:
[Amended 3-26-2013 by Ord. No. 2013-5]
(1)
Two heavy-duty wreckers with under-reach capability of a minimum
of 25 tons.
(2)
Two one-ton tow trucks with one-ton chassis and three-ton crane and
wheel lifts.
(3)
Three flatbed-type tow trucks.
(4)
One Landoll-type equipment hauling trailer and one semitractor with
fifth wheel for pulling of said trailer.
(5)
Equipment for jump starts, changing of flat tires and portable heavy-duty
lighting.
(6)
At least one employee with an active commercial driver's license
in good standing shall be available to operate the above-required
equipment, 24 hours per day, seven days a week, including holidays.
B.
A licensee hereunder must either directly own the required equipment
and/or lease the same from a bona fide vehicle leasing company, and
said licensee may not utilize other competing and/or joint-venture-type
arrangements with other towing companies not licensed in the Borough
of Wood-Ridge for the purpose of satisfying the requirements of this
section.
C.
A licensee must be capable of towing all Borough-owned vehicles,
including Public Works Department trucks and equipment and Fire Department
apparatus, properly, safely and damage-free.
[Added 3-26-2013 by Ord. No. 2013-5]
D.
Failure to maintain ownership and/or lease of such equipment as required
hereinabove shall be deemed a material breach of this chapter and
shall immediately nullify any license presently in force.
[Added 3-26-2013 by Ord. No. 2013-5]
Any person and/or licensee who shall violate the provisions
of this chapter shall, upon conviction thereof, be punishable as provided
below:
A.
Shall be prohibited from receiving a license for a period of three
years from the date of said conviction. Upon the second or subsequent
conviction and in the discretion of the Municipal Judge, said person
shall be prohibited from receiving a license for a period of 10 years
from the date of the second or subsequent conviction; and
A.
Licenses issued under the provisions of this chapter may be revoked
by the Mayor and Council after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Any violation of this chapter or any other municipal regulation.
(3)
Conviction of any crime or disorderly persons offense involving moral
turpitude.
(4)
Unsatisfactory service.
(5)
Violation of Department of Insurance rules.
B.
Notice of the hearing for revocation of a license shall be given
to the licensee, in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address at least five
days prior to the date set for hearing.
A.
Any person aggrieved by the action of a designee of the Police Department or the Borough Clerk in the denial of license as provided in §§ 490-4 and 490-5 of this chapter shall have the right to appeal to the Mayor and Council. Such appeal shall be taken by filing with the Council within 14 days after notice of such action a written notice of appeal. The 14 days shall begin to run from the postmark date on such correspondence mailed to the applicant at his last known address. The hearing shall be held within 45 days of receipt of the notice of appeal or within such time period as agreed to by the parties to the appeal.
B.
The Council shall set a time and place for the hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 490-16 for the notice of hearing on revocation.
C.
The decision and order of the Council on such appeal shall be final
and conclusive.
[Amended 12-6-2017 by Ord. No. 2017-12]
This chapter shall not prevent the occasional operation at the
scene of an accident of a wrecker or tow truck which is owned by a
person not regularly engaged in the business of operating wreckers
or tow trucks within the Borough of Wood-Ridge. When a vehicle has
been involved in an accident or is disabled, the vehicle operator
shall be advised of his or her right to select an emergency wrecker
service of his or her choice so long as that emergency wrecker service
can respond to the scene and perform the necessary services within
a reasonable time frame to be determined by the police officer at
the scene. The police officer at the scene will make the final determination
based upon the circumstances of the accident.
This chapter and the fee schedules contained herein shall be
available to the public during normal business hours of the Borough.
