[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.
BOROUGH
The Borough of Pine Beach.
POLICE CHIEF
The Chief of Police for the Borough of Pine Beach.
POLICE DEPARTMENT
The Pine Beach Police Department.
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.
(b) 
One set of dolly wheels.
(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.