[HISTORY: Adopted by the Council of the City of Perth Amboy 8-4-1992 by Ord. No. 621-92;[1] amended in its entirety 5-27-2020 by Ord. No. 1944-2020. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 425, Wreckers,
adopted 6-16-1985 by Ord. No. C-753, as amended.
For the purposes of this chapter, unless a different meaning
clearly appears from the context, the terms used herein are defined
as follows:
A base of operation within the City of Perth Amboy or other
location within 15 minutes of the City of Perth Amboy.
A fee permitted to be charged when a wrecker responds to
the scene of a call and has not been requested to be cancelled by
the police officer on scene prior to arrival of the wrecker.
The Chief of Police or designee of the Department of Police
of the City of Perth Amboy, or such other individual designated by
the Mayor.
The City of Perth Amboy.
A natural person.
The driving of a wrecker along any City street for the purpose
of soliciting business in the City.
When a wrecker has physically connected to a vehicle to be
towed and the tow operator has been requested to remove the vehicle
from tow equipment.
Used for over-the-road transportation of vehicles in place
of vehicle wheels. Not for the aligning or moving of vehicles into
position to tow.
A tow that occurs during a locally declared state of emergency
or a declared snow emergency of a vehicle that must be removed in
the interest of public safety.
A towing aid device with caster-type wheels used to align
vehicles into position to tow but are not used while actually towing
the vehicle over the road.
A vehicle to be towed that exceeds a GVW of 12,000 pounds.
A vehicle to be towed that is equal to or less than a GVW
of 12,000 pounds.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
corporation or other organization, and the singular or plural, masculine,
feminine or neuter thereof; unless the contrary is clearly expressed.
A vehicle loading assistance tool normally used to align
a vehicle to load and unload a vehicle from a flatbed or roll back
tow truck.
Moving or removing from public or private property or from
a storage facility by a wrecker of a consumer's motor vehicle
that is damaged as a result of an accident or otherwise disabled,
is recovered after being stolen, or is parked illegally or otherwise
without authorization, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
Dues or other charges of clubs or other associations which provide
towing services to club or association members shall not be considered
a service charge for the purposes of this definition.
An additional fee to be charged when a vehicle is removed
from off road or required to be pulled from a remote location to the
wrecker. Not to include the winching required to carry out a standard
tow. This will also include if the vehicle is required to be returned
to its wheels in a rollover-type accident.
A vehicle used for the purpose of towing, transporting or
otherwise removing any and all kinds of vehicles which are disabled.
The inspection of wreckers and the enforcement of the provisions
of this chapter shall be under the control of the Chief of Police
or designee of the Department of Police.
No person shall provide towing and vehicle storage services
to the City of Perth Amboy without an executed contract with the City
of Perth Amboy.
All contracts authorized under this chapter shall be for a term
not to exceed one year and shall expire on the 31st day of December
of next succeeding the date of execution unless sooner suspended or
revoked by the Chief of Police or designee of the Department of Police
or City Council for cause as hereinafter provided.
The fee for an application by a person seeking to provide towing
and vehicle storage services to the City of Perth Amboy shall be a
flat rate of $100 and $50 for each wrecker to be used to provide said
services. All fees shall be payable to the Clerk of the City at the
time application is made and shall not be refundable.
Applications by a person seeking to provide towing and vehicle
storage services to the City of Perth Amboy, including all wreckers
operating within the City of Perth Amboy, whether under contract to
perform said services for the City or operating for a private individual
or entity, or other nonconsensual towing from public or private property
and related storage services shall be made upon blank forms prepared
and made available by the City Clerk. Applications for contracts for
the one-year period shall be submitted and complete by October 15
of the final contract year and shall state under oath:
A.
The name, home address and proposed or actual business address of
the applicant, and whether the applicant is the owner, lessee or bailee.
B.
A description of each wrecker to be used to provide the towing services,
including year, make, model, type, serial number of body and motor
capacity, registration number and proof of insurance.
C.
The length of time for which each wrecker has been in use as a wrecker.
D.
The location, by property block and lot numbers, to be used for storage
of all vehicles towed by the applicant within the City of Perth Amboy
or other location within 15 minutes of the City of Perth Amboy.
E.
The number of vehicles which the applicant can accommodate at the
location identified for storage of vehicles.
F.
That a zoning approval has been requested and obtained from the Zoning
Officer of the City of Perth Amboy or other location within 15 minutes
of the City of Perth Amboy which specifically states that the use
of the property for business operations and storage fully complies
with all applicable zoning laws and local zoning ordinances.[1] A copy of said zoning approval shall be attached to the
application.
G.
That the applicant shall comply with all the terms and conditions
as set forth in a contract with the City of Perth Amboy, all federal,
state, and local laws to provide towing and vehicle storage services.
H.
The full name and address of all employees and New Jersey driver's
license numbers.
I.
Certification of approved emergency warning lights.
J.
The contractor and its employees shall submit to fingerprinting for
the purposes of obtaining criminal history information on the applicant
from federal and state records.
K.
Such other information as the Chief of Police or designee of the
Department of Police shall deem necessary or proper to effectuate
the purpose of this chapter and to determine whether there has been
compliance with the terms thereof.
A.
Upon receipt of completed applications, the Chief of Police or designee
of the Department of Police shall cause an investigation to be made
of the applicant and of the proposed business operation. Such investigation
shall include a criminal background check, any previous violations
or complaints regarding towing services and an assessment of the ability
of applicants to comply with the requirements of this chapter and
all the terms and conditions of the City of Perth Amboy contract for
towing and vehicle storage services.
B.
The Chief of Police or designee of the Department of Police may delegate
the inspection of wreckers to an independent person, who may or may
not be engaged in business in the City of Perth Amboy and who shall
be qualified by experience and training to make such inspections and
who shall report to the Chief of Police or designee whether wreckers
are in a thoroughly safe and sanitary condition.
C.
Within 14 days after completion of an investigation, the Chief of
Police or designee of the Department of Police shall inform the applicant
either that the application has been approved and authorization from
the City Council will be sought to enter into a contract or that the
application has not been approved and will not be presented to the
City Council for consideration.
The Chief of Police or designee of the Department of Police
shall submit to the City Council a written recommendation for approval
or disapproval of a contract for each completed applicant based upon
a determination:
A.
That the public convenience and necessity will be served by the towing
and vehicle storage service for which application has been made.
B.
That each wrecker to be used by the applicant is in a thoroughly
safe condition, contain a full complement of equipment and supplies
to clean accident scenes, and in compliance with State of New Jersey
and City requirements.
C.
That each wrecker has been properly licensed and inspected by the
State of New Jersey and has the necessary stickers affixed. No wrecker
shall be licensed as a wrecker which is using dealer license plates.
D.
That applicant is registered to do business in the State of New Jersey
and the insurance policies or certificates as required herein have
been procured and supplied.
E.
That the requirements of this chapter, the terms and conditions of
the City of Perth Amboy towing and vehicle storage contract and all
other governing laws, statutes and ordinances have been met.
F.
That the applicant has sufficient storage that meets the requirements
of the New Jersey Commissioner of Insurance as set forth in N.J.A.C.
11-38.1 et seq., N.J.A.C. 13:45A-31 et seq., as well as all local
zoning and code requirements, and is located within the Perth Amboy
City limits, or such location outside the City that is within 15 minutes
by motor vehicle from the geographical center of the City of Perth
Amboy.
G.
That the applicant has the ability to respond to any City tow scene
within 15 minutes of the City's request.
Upon execution of a contract for towing and storage services,
the City Clerk shall issue for each wrecker authorized for use by
a towing service a card or sticker, not less than four inches nor
more than six inches in width, in such form as may be set by the Chief
of Police or designee, which shall be at all times prominently displayed
on the right front windshield of each wrecker and which shall bear
the name and business address of the owner, the license plate and
vehicle identification numbers of the wrecker, the rate of fares which
shall be charged and the contract period.
A.
There is hereby established a rotating list of towing and storage
contractors authorized to provide vehicle towing and storage services
required by the City of Perth Amboy. The Chief of Police or designee
of the Police Department, or such other individual designated by the
Chief, shall be responsible for the administration of the rotating
list. Nothing in these rules and regulations shall be construed so
as to prevent any owner or operator from selecting his own towing
service from the approved rotational towers list, provided that in
the interest of public safety the delay for that alternate wrecker
to respond is not unreasonable.
B.
All persons under contract to perform towing and vehicle storage
services to the City of Perth Amboy shall be placed on the rotating
call list for the amount of time specified in the contract. The towing
operator shall be capable of responding to a call within a period
of time not to exceed 15 minutes.
C.
All persons under contract to perform towing and vehicle storage
services to the City of Perth Amboy shall perform when requested by
the proper police authorities on a rotating basis. When the owner
or driver of a disabled vehicle indicates a choice of a specific towing
service, that towing service shall be called and no towing service
shall be assigned from the rotating list. No towing service shall
respond to the scene of an accident except upon notification by the
police officer in charge at police headquarters or upon request of
the driver or owner of a disabled vehicle.
D.
The Chief of Police or designee shall have the authority to promulgate
rules and regulations regarding the rotation of towing services, which
shall take effect immediately after service of a copy thereof on all
persons under contract to provide said towing services.
E.
Towing operators shall not permit a vehicle to be removed from the
scene of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
F.
If a tower responds but does not yet arrive on scene to a call and
the vehicle owner uses their own tower, responder will be put back
on top of call list.
G.
In the event that the towing operator fails to arrive on scene within
15 minutes from the time of the call, the Police Department reserves
the right to contact the next available towing operator on the rotational
list.
H.
In no instance shall the towing operator request payment from the
City of Perth Amboy for any services rendered to the owners of private
vehicles.
I.
It shall be the responsibility of all towing operators to provide
all motorists utilizing the towing operator's services with a
written schedule of fees which lists all fees to be charged for towing,
storage, and road services within the City of Perth Amboy. Said schedule
shall be printed on the business card or towing receipt of the towing
contractor. Towing operators shall not exceed the maximum charges
set forth in the fee schedule for towing and the storage of vehicles
regulated under the provisions of this section.
A.
In addition to meeting all other criteria of this section and in
order to be eligible for placement upon the rotating list of authorized
towers, the contractor shall supply a certificate of liability insurance
by a company licensed to do business in the State of New Jersey, certifying
that the contractor maintains New Jersey workers' compensation
and garage liability insurance of not less than $1,000,000 combined
single limit and garage keepers' liability of not less than $100,000
per vehicle, said garage keepers' legal liability insurance policy
to further provide for fire, theft and explosion. All public liability
insurance, including garage liability and garage keepers' legal
liability coverage, shall name the City of Perth Amboy, its officers,
agents and employees as additional insurers on the policy, shall hold
them harmless, indemnify them from any and all claims filed against
the City arising out of any act or failure to act on behalf of the
contractor and shall contain an endorsement providing 30 days'
notice to the City in the event of any material changes of the policy
or cancellation thereof.
B.
Each policy herein must contain an endorsement providing 10 days'
notice to the City in the event of any material change therein or
intention to cancel said policy for any cause. In the event that any
policy is changed so as to fail to conform to any of the above requirements
or if any policy of insurance is to be canceled for any reason, the
Chief of Police or designee of the Department of Police shall notify
the person responsible for the policy and it shall be corrected or
reinstated or replaced with a conforming policy within 10 days after
the notice is received by the City but before the date of cancellation.
If the policy or certificate is not corrected, reinstated or replaced
within 10 days prior to the date of cancellation, the Chief of Police
or designee of the Department of Police shall immediately suspend
the wrecker license and shall pick up from the owner all towing contract
identification cards.
A.
Charges for the transportation, hauling or service of disabled vehicles
by any person under contract to perform said services for the City
of Perth Amboy shall not exceed the following rates:
(2)
For conveying a disabled vehicle to the designated storage facility
or from any point in the City to any point within the City:
(a)
Light-duty tow (up to 12,000 pounds GVW) when towed, transported
and/or conveyed by means of a chain, cable, or similar device or when
necessary to hoist the front end or the rear end: $125 flat rate,
by means of a conventional or flatbed wrecker.
(b)
Heavy-duty tow (over 12,000 pounds GVW) when towed, transported
and/or conveyed by means of a chain, cable, or similar device or when
necessary to hoist the front end or the rear end: $500 flat rate by
means of a conventional or flatbed wrecker.
(c)
State of emergency tow (light duty) when towed, transported
and/or conveyed by means of a chain, cable, or similar device or when
necessary to hoist the front end or the rear end: $150 flat rate,
unless vehicle is in a snow bank then $200 flat rate by means of a
conventional or flatbed wrecker.
(d)
State of emergency tow (heavy duty) when towed, transported
and/or conveyed by means of a chain, cable, or similar device or when
necessary to hoist the front end or the rear end: $600 flat rate by
means of a conventional or flatbed wrecker.
(3)
For other related services permitted for accident scenes only:
B.
The towing and storage service rates set forth in Subsection A of § 425-12 shall apply to all wreckers operating within the City of Perth Amboy, whether under contract to perform said services for the City or operating for a private individual or entity, or other nonconsensual towing from public or private property and related storage services. All storage facilities for towed vehicles shall comply with the requirements for § 425-8F and shall be open for vehicle owners to pick up their vehicle during normal business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, and at least five hours on Saturdays, for redemption of vehicles. Said five hours shall include the hours between 10:00 a.m. and 12:00 noon.
C.
All wreckers operating within the City shall maintain a record in
a bound volume or electronically of all towing and wrecking jobs handled,
the name of the owner or operator involved, the charge made for the
service, the date and amount of payment and the location towed from.
If a wrecker tows a vehicle at the request of the City or at the request
of a private individual or entity, the owner of the vehicle may obtain
from the wrecker, upon request, a copy of all records maintained by
the wrecker pursuant to this subsection and as related to the owner's
vehicle and the owner. Failure to produce such records within seven
calendar days of receipt of the written request shall constitute a
violation of this chapter.
No person shall drive a wrecker who is under the age of 18 years
and who has not in his possession a valid license duly issued to him
to operate a motor vehicle in the State of New Jersey with appropriate
endorsements.
A.
In addition to the requirements and obligations set forth herein,
a person under contract to perform towing and vehicle storage services
for the City of Perth Amboy shall be required to comply with all terms
and conditions set forth in the contract. Failure to comply may result
in a suspension or removal from the rotational list.
B.
By making the application to be utilized as a tower or wrecker by
the Police Department and by accepting such employment, the person
or firm agrees to:
(1)
The towing operator shall be capable of responding to calls for the
towing services within a period of time not to exceed 15 minutes.
(2)
Clean all debris and vehicle fluids at the accident site emanating
from the accident. The towing operator shall broom clean and remove
glass and debris from any accident scene as requested by the Police
Department at a rate of $35 per 1/2 hour. If towing a vehicle from
the scene, then there will be no additional charge for the first 1/2
hour of cleanup.
(3)
Provide the Police Department with the following information on vehicles
unclaimed over 15 days:
(4)
Maintain a record in a bound volume or electronically of all towing
and wrecking jobs handled, the name of the owner or operator involved,
the charge made for the service, storage, the date and amount of payment
and the location towed from. A copy of this information shall be conveyed
to the Chief of Police no later than the 15th of the month following.
A.
Nothing in this chapter shall prevent the owner of a vehicle which
is disabled, who also owns a wrecker sufficient to perform the task
required, from using that wrecker to remove such vehicle, provided
that in the interest of public safety the delay for that wrecker to
respond is not unreasonable.
B.
Nothing in this chapter shall prevent a non-city wrecker from coming
into the City if said wrecker comes into the City to pick up a disabled
vehicle under contract of hire with any person, firm or corporation
engaged in the trucking or transportation business or in the operation
of a fleet of vehicles; provided, however, that satisfactory proof
of said contract between the owner of the wrecker and the vehicle
owner is submitted to the Police Department of the City of Perth Amboy.
C.
Nothing in this chapter shall prevent a non-city wrecker from coming
into the City on a towing job where, in the reasonable judgment of
the towing service called, there are no wreckers of sufficient size
or weight within the City to perform the task required. In this instance,
the police officer in charge at police headquarters shall call in
adequate equipment.
D.
Nothing in this chapter shall prevent a bona fide junk dealer who
has purchased a junk vehicle which is located within the City from
using a wrecker owned by him to remove the junk vehicle to his junkyard.
E.
In times of emergencies and/or natural disasters, the City of Perth
Amboy reserves the right to contract other towing service operators
who may not be on the rotation list.
A.
The Chief of Police or designee of the Department of Police is hereby
authorized and empowered to establish reasonable rules and regulations
for the inspection and operation of wreckers used by persons under
contract with the City of Perth Amboy.
B.
The Chief of Police or designee of the Department of Police shall
maintain due vigilance over all wreckers used by persons under contract
with the City of Perth Amboy to see that they are kept in a condition
of safety for the transportation and hauling of disabled vehicles
and shall have the right at any and all times to inspect any and such
wreckers and shall maintain a record, in writing, of the report of
all such inspections.
C.
If at any time the Chief of Police or designee of the Department
of Police shall deem the equipment inadequate or unsafe, he shall
have the power to demand immediate correction, and if not corrected
to the full satisfaction of the Chief of Police or designee of the
Department of Police, he shall then have the power to rescind or suspend
the contract, after a hearing is had upon the nature and circumstance
of the violation.
D.
The Chief of Police or designee of the Department of Police is also
hereby authorized and empowered to establish from time to time such
additional rules and regulations not inconsistent herewith as may
be necessary and reasonable.
A.
It shall be unlawful for any wrecker to:
(1)
Fail, when so requested by the owner or operator of a vehicle subject
to nonconsensual towing, to release a vehicle to the owner or operator
that has been, or is about to be hooked or lifted but has not actually
been moved or removed from the property when the vehicle owner or
operator returns to the vehicle or to charge the owner or operator
requesting release of the vehicle for a fee no greater than $30.
(2)
Monitor, patrol, or otherwise surveil a private property for the
purposes of identifying vehicles parked for unauthorized purposes
and towing a motor vehicle parked for an unauthorized purpose from
such private property without having been specifically contracted
with or requested to tow such vehicle by the owner of the property.
(3)
Tow any motor vehicle parked for an unauthorized purpose or during
a time at which such parking is not permitted from any privately owned
parking lot, from other private property, or from any common driveway
without the consent of the motor vehicle owner or operator unless
the signage requirements of the Predatory Towing Prevention Act, N.J.S.A.
56:13-7 et seq., its regulations, N.J.A.C. 13:45A-31.1 et seq., and
any amendments thereto, have been complied with.
B.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not less than $100 and
not more than $1,000 or by imprisonment in the county jail for a period
not to exceed 90 days, or by both such fine and imprisonment, and
each violation of any of the provisions of this chapter and each day
there is a violation shall be deemed and taken to be a separate and
distinct offense.
C.
Suspension and removal for noncompliance.
(1)
The Chief of Police or designee shall have the power to suspend a
towing operator from the rotational duty service list for a period
of up to 30 calendar days for failure to comply with any subsection
of this section. A subsequent violation may result in the permanent
removal of a towing operator from the rotational duty service list
for a twelve-month period. A towing operator may appeal the Chief
of Police or designee's ruling of either a suspension or a permanent
removal. In such cases, an appeal may be filed with the City Clerk
within 10 business days of the Chief of Police or designee's
decision. A hearing may be held by the City of Perth Amboy Council
within 30 business days of the filing. The City of Perth Amboy Council
shall render its determination within 20 business days following the
conclusion of the hearing. The governing body's determination
as rendered shall be final and conclusive under this section.
(2)
In addition, failure to comply with the City's zoning, land use and property maintenance codes may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police or designee from the City's Construction Code Official/Zoning Officer. Any towing operator suspended from the rotational duty service list for any violation of the City's zoning, land use and development and/or property maintenance codes shall have the right to due process and appeal as set forth in Subsection C(1) above.
D.
Any complaints or disputes arising from the towing and storage of motor vehicles without the consent of owner shall be made in writing by the owner and forwarding same to the Chief of Police or designee. Said owner shall have the right to due process and appeal as set forth in Subsection C(1) above.
E.
In addition, the Chief of Police or designee of the Department of
Police may refuse to approve any future contract for violation of
any of the provisions of this chapter or of any of the rules and regulations
made by the Chief of Police or designee of the Department of Police
hereunder or for violation of any of the provisions of any federal,
state or local law or ordinance or for failure to meet any term and
condition of the towing and vehicle storage contract. The applicant
shall have the right to due process and appeal as set forth.
