[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach 3-8-1994 by Ord.
No. 94-02-452. Amended 12-14-2005 by Ord. No. 05-23-625. Amended in its
entirety 12-11-2013 by Ord. No.
13-08-708. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
ACCIDENT DEBRIS
Broken glass, metal, plastic, fluids or any other debris
resulting from an accident.
POLICE CHIEF
The Chief of Police for the Borough of Pine Beach.
TOWERS LIST
Current list of towers approved to provide towing services
for the Borough of Pine Beach.
WAITING LIST
List maintained for the purpose of placing applicants wishing
to provide Towing services for the Borough of Pine Beach.
The Chief of Police shall establish a list of persons and/or firms who shall be utilized by the Police Department to provide towing services for abandoned, impounded or wrecked vehicles. The list shall be comprised of a maximum of two operators at any one time. Any tower wishing to be placed on the Borough Towers List must first make application as per the provisions of Section
159-3 of this Code. All appointments to the Borough Towers List shall be for a period of one year or remainder of the calendar year said application is made. Any tower that has been previously approved and placed on the Borough Towers List that wishes to renew said appointment must submit an application for renewal no later than November 1st.
The Police Chief shall also establish and maintain a waiting
list for operators in the event that the number of applicants exceeds
two. The placement on the waiting list shall be based upon the date
of filing of the application. The waiting list shall be for the current
calendar year and shall expire at the end thereof. Any applications
filed after November 30th shall be placed on the waiting list for
the following year.
A. An application for authorization as a proprietor of a towing or wrecking
business to be placed upon the Towers List or renewal application
to remain upon the Towers List to be utilized by the Police Department
shall be made by the person or firm engaged in operating a wrecker
or wreckers. The application shall be made on forms furnished by the
Borough Clerk and shall specify the following factual information:
(1) The full name and street address of the applicant. If the application
is made for a corporation, it shall state the names and addresses
of all officers and directors thereof, its registered office and its
registered agent.
(2) The year, make, model and type of each wrecker used in the business
as well as serial numbers, registration number and registered owner.
(3) The address where the wrecker or wreckers shall be regularly garaged,
the telephone numbers available on a twenty-four-hour per day basis
and the names of all operators, their addresses and New Jersey Drivers
License numbers.
B. There shall be an application fee or renewal application fee of $100
payable at the time the application is made. Submission of an application
is not a guarantee of placement on the Towers List but will place
the applicant on the waiting list.
C. The application for a towing/wrecking license shall be accompanied
by a certificate of liability insurance. Said insurance certificate
shall show garageman's liability as well as liability covering the
operation of applicant's equipment and wreckers and for any bodily
injury or property damage in a minimum amount of $500,000/$1,000,000.
In addition if said applicant is approved for placement on the authorized
Borough Towers List then said applicant must provide a copy of a certificate
of insurance naming the Borough as an additional insured. The certificate
of insurance shall be issued by a company licensed to do business
in the State of New Jersey and must contain an endorsement providing
for 30 days' notice to the Borough in the event of any material changes
in the policy or cancellation thereof.
A. The Borough Clerk shall refer all applications for authorization
to the Police Chief. In the event of an opening on the Borough Towers
List the Police Chief shall cause for a check to be made of all equipment,
personnel and facilities of the next applicant on the waiting list
to determine the ability of the applicant to perform the business
herein regulated within the requirements set forth in this chapter,
including:
(1) The office, workshop and storage areas of the applicant must be located
in planning zones where such use is permitted under local ordinance
and be within a reasonable distance which is to be determined as within
10 miles of the Borough of Pine Beach.
(2) Each vendor providing towing service shall show proof of ownership
or a lease agreement for a proper land area to store a minimum of
six motor vehicles. Each land storage area shall be fully enclosed
by a fence sufficient for security as determined by the Chief of Police.
Adequate lighting shall be maintained during night hours.
(3) Each tower shall have an enclosed garage so as to provide inside
secured storage for at least one vehicle.
(4) Each tower shall have at a minimum one light duty wrecker, one heavy
duty wrecker and one flat bed tow truck.
(5) Each wrecker shall meet all the requirements of N.J.S.A. Title 39,
Motor Vehicles and Traffic Regulations and have a boom lifting capacity
of at least four tons. In addition, each wrecker shall have at a minimum,
the following equipment:
(a)
One large broom and shovel.
(c)
Steering wheel lock for towing vehicles from the rear.
(d)
Tow sling-type tow bar to prevent any part of crane metal from
touching towed vehicle.
(e)
Emergency warning lights - Minimum of two flashing amber lights
pointed to the rear of the tow vehicle and mounted so as not to be
obstructed by the towed vehicle, as well as appropriate amber light
bar mounted over the cab. All lighting must be in compliance with
NJ Motor Vehicle Statutes.
(f)
Portable safety lights to be installed on rear of towed vehicle
if necessary.
(g)
Safety flares for night work.
(h)
One five gallon bucket of Speedy Dri or Absorbent C.
B. After the application has been submitted and the aforementioned has
been reviewed, the Chief of Police shall make the determination of
approval or disapproval of licensing. If approved, a licensing fee
of $25 per truck and $25 per storage facility shall be paid to the
Borough prior to issuance of the license and placement on the approved
Borough Towers List.
The Chief of Police shall see that a record is maintained containing
the names, addresses and twenty-four hour telephone numbers of all
licensed wreckers and a record of the types of wreckers available
to meet the specific need of the emergency. The Police Chief shall
also see that a record is maintained of the regular response of wreckers
to police calls and any and all complaints from vehicle owners as
to improper service or charges.
The Chief of Police shall maintain a call list which shall revolve
at a minimum of weekly or a maximum of monthly with regard to when
licensed wreckers are assigned a duty rotation. All personnel shall
be instructed as to utilization of said list and a copy shall be provided
with instruction for the Ocean County Communications Center Dispatch.
During adverse weather conditions, heavy traffic conditions
or emergency conditions, official towers shall give priority to requests
from the Borough over any other requests which may be received by
the tower.
The Borough shall request such service only from official towers;
provided however, that if no emergency or hazard exists, the Borough
may request such services from such other person or firm as the owner
in need of such services may request and provided further, that in
the event that none of the official towers are available or able to
provide such services as are requested or in the event of an emergency,
the Borough may request such services from any other available source.
For the purposes of identifying an emergency or hazardous condition
it shall be in the sole discretion of the police officer on the scene
to determine if an emergency or hazard exists.
Official towers shall indemnify and hold harmless the Borough
from any damages or liability which may arise by reason of the actions
of the official tower or the official tower's agents or employees
in connection with the furnishing of services required by this chapter.
In the event that an official tower is requested by the Borough
to render services in accordance with this chapter at the scene of
a motor vehicle accident, the official tower shall remove from the
street, all broken glass, metal and all other debris resulting from
said accident and shall place, at the scene of the accident, flares,
flags or any other safety devices as may be necessary.
Official towers shall take all reasonable precautions required
by the Police Department to avoid damage to any evidence, such as
fingerprints or DNA, when rendering services in accordance with the
terms hereof. All motor vehicles which contain or involve evidence
necessary to the Police Department and stored by an official tower
shall be stored in a protected storage area. Protected areas shall
include inside storage of vehicles or fenced in storage of vehicles
so as to preclude in either case access to such vehicle by unauthorized
persons. In the event of outside storage, said vehicle must be covered
up to protect the interior from weather element exposure.
All Borough authorized towers shall be required to keep a daily
log of all related towed vehicles reflecting the following:
A. Date and time of request.
B. Date and time of when vehicle is towed.
C. Address from where the vehicle was towed and the address to where
the vehicle is towed.
D. Name of the towing operator performing the service.
E. Complete dates of storage of said vehicle.
F. Date of release of said vehicle, complete name and address of person
obtaining vehicle and whether police vehicle impound release was required
and produced.
G. Make, model, year and license plate number of vehicle.
H. Description of general condition of vehicle with damages noted.
I. All other necessary and pertinent information requested by the Police
Department.
No person shall drive a wrecker who is under the age of 18 years
and who does not have in his or her possession a valid driver's license
issued to them to operate a motor vehicle by the State of New Jersey.
Said operator must have all required licenses on their person at all
times while operating under this chapter and must also have been listed
upon the authorized towers application to the Borough or if employed
after application is approved, had their name subsequently provided
to the Borough.
The practice of cruising with a wrecker or tow truck is forbidden.
Furthermore, no person shall pay any emolument to any third party
person not involved in the accident or to any police officer for information
as to the location of any accident or soliciting the employment of
the licensee's service nor give any gratuities, fees or other compensation
or gifts to any members of the Police Department or employee's or
agents of the Borough.
A. In the event that an official tower fails to comply with the provisions
of this chapter, the Chief of Police shall give such official tower
notice of noncompliance. The official tower shall remedy such failure
to comply within 10 days of the date of service of such notice.
B. The Chief of Police shall give official towers notice of any changes
in this chapter and shall allow the official towers reasonable time
in which to conform to such changes.
C. In the event that an official tower continues to fail to comply with
the provisions of this chapter for more than 10 days after the service
of a notice of noncompliance or in the event that an official tower
fails to conform to any changes in this chapter within a reasonable
time after receiving notice of such changes, the Chief of Police shall
cause said tower to be removed from the list of authorized towers.
Official towers shall take every necessary precaution to prevent
interference with traffic and shall obey all rules and regulations
of the Traffic Codes of the Borough of Pine Beach and the State of
New Jersey.
The following rates and charges shall be in effect until otherwise
amended by the governing body of the Borough of Pine Beach:
Class I - Standard towing of a motor vehicle up to 10,000 pounds
|
$90
|
Flat Bed Service
|
$110
|
Class II - Vehicles between 10,001 up to 15,000 pounds
|
$100
|
Flat Bed Service
|
$120
|
Class III - Vehicles weighing over 15,000 pounds
|
$150
|
Off Road Recovery/winching (billed in 30 minute increments)
|
$60
|
Standby Time (billed in hourly increments)
|
$50
|
Administrative charges (charges for post accident services)
|
$5
|
Storage Rates (per day or portion thereof):
|
|
Outside
|
$35
|
Inside
|
$70
|
No other fees or charges may be required by any authorized tower
unless expressly permitted within this chapter.
|
A. Towing operators shall only be compensated for flat bed service if
the same is approved by the police officer at the location of the
tow.
B. If the owner of a vehicle arrives at the scene subsequent to the
tow operator's being called and arriving at the scene and beginning
to prepare for the tow, then if the owner satisfies the obligation
to the tower, the vehicle may be released to the owner. However, if
there is no such satisfaction, then the towing operator may complete
the tow to the impound facility.
C. There shall be no fee charged to the Borough of Pine Beach for the
towing of any Borough Police Vehicle owned by the Borough of Pine
Beach, within a reasonable distance from the Borough of Pine Beach.
Said reasonable distance shall be established to be as within Ocean
County.
D. All participants in the within agreement shall tow impounded vehicles
to their prospective approved impound yards. However, for all other
tows, the vehicle driver/owner may specifically request towing to
another facility which they shall arrange. However, if the driver/owner
requests such tow and the operator does not respond within 20 minutes
and the police officer on scene determines the vehicle to be a hazard,
then the police officer shall have the right to call a Borough licensed
wrecker. Any vehicle disabled and unable to be moved from the lanes
of traffic shall be automatically deemed a hazard.
E. All towers on the Boroughs authorized tow list shall be responsible
to provide current contact information for twenty-four-hour call outs.
All operators shall be required to respond to the call out location
within 15 minutes of being called. If the operator fails to respond,
the officer on scene may request the next operator on the rotational
list. In the event that no Borough authorized tower is available to
respond then the Police Officer on duty shall have the right to utilize
other means as necessary to effect the removal of a vehicle.
F. No Borough approved tower may assign or delegate its responsibilities
for performance arrangements on a non-fee, fee, fee for a "medallion
rights," or any other basis. Bona-fide sale of the participant's business
may be assigned as long as the purchaser complies with the provisions
of this chapter.
[Added 6-10-2020 by Ord. No. 2020-04-767]
A. A Municipal Tow and Impound Lot, to be located behind Borough Hall,
on Merion Avenue, within an existing fenced in area on Block 48, Lot
39, to be operated by the Pine Beach Police Department, is hereby
established.
B. The owner of any vehicle impounded by or at the direction of the
Pine Beach Police Department and stored at the Municipal Tow and Impound
Lot shall be responsible for all costs and fees associated with the
towing and storage of the vehicle.
C. The fees and charges for the towing of impounded vehicles shall be as set forth in Section
159-17 ("Towing fees and charges").
D. The costs and fees for the storage of all vehicles impounded pursuant
to this section shall be as set by resolution of the Borough Council.
E. The impoundment costs and fees shall begin to accrue on the date
on which a tow was required and shall continue daily, beginning at
12:01 a.m., each day thereafter until the costs and fees are paid
in full and the vehicle is released.
F. If a vehicle impounded pursuant to this section becomes abandoned,
the tow operator shall be required to obtain payment from the person
on record as the owner of the vehicle at the time of the impoundment.
The tow operator shall not seek payment from the Borough of Pine Beach.
G. The Chief of Police shall establish formal written procedures for
the orderly administration of this section, including the creation
and systematic maintenance of such forms, files, logs, receipts, notices,
and other record-keeping forms as may be appropriate to properly document
the pertinent details of all vehicle impoundments made pursuant to
this section.