This chapter shall be known and may be called as the "Township of Pequannock Wrecker Ordinance."
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
CRUISING The driving of a wrecker along any Township street for the purpose of soliciting business in the Township.
OWNED Shall include owned, rented or leased.
PERSON 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.
WRECKER A vehicle used for the purpose of towing, transporting or otherwise removing any and all kinds of vehicles which are disabled.
All licenses issued under this chapter shall be issued to expire and shall expire on the 31st day of December next succeeding the date of issuance, unless sooner suspended or revoked by the Chief of Police as hereinafter provided.
Applications for licenses issued hereunder shall be made by the completion of application forms available from the Township Clerk which shall include:
A. The name, home address and proposed or actual business address of the applicant, and whether he is owner, lessee or bailee.
B. Description of wrecker for which the license is desired, including year, make, model, type, serial number of body and motor capacity and the length of time for which the wrecker has been in use as a wrecker.
C. Proof that the applicant has available space within the Township of Pequannock, or within a radius of five miles from the municipal building, for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled, and that the disabled vehicles will not be stored or allowed to remain on public property or Township-owned streets or on any property without the consent of the owner. If the designated space falls within the Township of Pequannock, the applicant shall be required to obtain and provide written confirmation from the Township Zoning Officer that the use of the proposed space for towing storage is permitted under the Township zoning regulations. If the designated space is outside of the Township of Pequannock, the applicant shall provide a map identifying the location of the space, a certification that it is within the five-mile radius of the municipal building (530 Newark-Pompton Turnpike, Pompton Plains, NJ 07444), and written documentation from the municipality in which the space is located that use for vehicle storage is permitted under that municipalities zoning regulations.
D. Such other information which the Township Clerk or Police Chief shall deem necessary or proper to effectuate the purpose of this chapter and to determine whether there has been compliance with the terms thereof.
Within seven days after receipt of an application as herein provided, the Chief of Police shall cause an investigation to be made of the applicant and of the proposed business operation to be licensed. Within 14 days after completion of the inspection and investigation, the Chief of Police shall issue a memo to the Township Council containing the Chief's recommendations concerning qualifications for licensure.
The Chief of Police and Township Clerk shall make recommendations to the Township Council concerning whether or not the following requirements have been met:
A. The wrecker to be licensed is in a thoroughly safe and sanitary condition.
B. The requirements of this chapter and all other governing laws, statutes and ordinances have been met.
C. The wrecker has been properly licensed and equipped in compliance with Title 39 of the New Jersey Revised Statutes (Motor Vehicle and Traffic Regulations). No wrecker shall be licensed as a wrecker which is using dealer license plates.
D. The insurance policies or certificates of insurance as required herein have been procured and supplied.
E. The wrecker to be approved, on inspection, meets the minimum standards for wreckers or tow trucks.
The following shall serve as minimum standards for wreckers:
A. A wrecker shall be able to handle all makes of passenger cars and small trucks, such as pickup and small panel trucks up to 1 1/2 tons, and must have or be equipped with the following:
(1) All wreckers shall be minimum of 3/4 ton according to the manufacturer's specifications.
(2) A power takeoff-controlled winch with a minimum cable thickness of 3/8 inch or equivalent.
(3) Gross weight equal to the vehicles to be towed, with a minimum of 5,500 pounds.
(4) A three-fourths-inch safety chain. The lift chain and the safety chain are not to be attached in any form or manner to the same part of the wrecker.
(5) Front and rear flashing hazard lights.
(6) A 360° rotating amber beacon light mounted over the cab or approved light bar.
B. All lights shall be of such candlepower in intensity as to be visible 1/4 mile away.
C. All towing company drivers will carry their business cards and must give it to the owner/driver of the vehicle to be towed.
D. All companies will have the company name, address and phone number permanently affixed (in letters and numbers, a minimum of three inches) on both sides of the wrecker prior to said wrecker being used on any Township rotation calls.
E. The wrecker is equipped with a portable car dolly and sufficient equipment to clean up the debris on the roadway. The operator must clean away the accident debris at the scene.
The Chief of Police shall issue to the person owning an approved wrecker a card, in such form as may be set by the Chief of Police, which shall be at all times displayed on the passenger side of the rear window of each wrecker. The card shall bear the name of the owner, rate of charges, and a notice that in case of any complaint, the complainant may notify the Chief of Police, giving the license number of the wrecker. The card shall also have the signature of the Chief of Police and the date of inspection of the wrecker.
A wrecker license hereunder shall be issued subject to the following conditions:
A. No person owning or operating a wrecker shall engage in cruising.
B. No person shall solicit, demand or receive from any person any commission or fee except the proper fee for transporting the disabled vehicle in accordance with §
352-13.
C. No person shall solicit or attempt to divert prospective patrons of another wrecker nor shall be solicit or divert prospective patrons of a given garage in the Township to another garage.
D. No person shall pay any gratuity, tip, or emolument to any third person not involved in the accident or to any police officer for any information as to the location of any accident or for soliciting the employment of the operator's services, nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.
E. No wrecker which happens to be passing by is permitted to solicit business from any of the drivers involved in the accident. Any wrecker at the scene may be used by the investigator to clear the scene if traffic conditions preclude waiting for the authorized wrecker; however, this may not authorize them to tow the vehicles from the scene.
F. Wreckers shall respond within 15 to 20 minutes under normal conditions.
G. The owner or operator shall clean all debris at the scene emanating from the accident.
H. The owner or operator shall maintain a ledger of all towing or wrecking jobs handled, the name of the owner or operator, if known, the charges made for the service and the date and amount of payment.
Except as to the prohibition against cruising which shall apply to any wrecker, the provisions of this chapter are applicable to the engaging of wreckers by the Police Department of the Township of Pequannock.
Nothing in this chapter shall prevent the owner, agent or lessee of a vehicle which is disabled from calling a wrecker of his choice to remove his vehicle.
The Police Department shall have the power to require wreckers to remove vehicles where:
A. There is obstruction of public right-of-way or private property.
B. A vehicle has been vandalized or presents a fire or safety hazard or an attractive nuisance.
C. An abandoned vehicle bears no discernible registration or identification data.
D. An abandoned vehicle is not licensed or operable.
E. A vehicle is violating any emergency no-parking provisions.
F. Any other condition where permitted or required by law.
Any licensee found to have violated any of the rules in this chapter shall be subject to removal as a licensee and their license to provide wrecker service may be revoked by Township Council. Violations of this chapter shall also be subject to penalties provided for in Chapter
74, Violations and Penalties.