[HISTORY: Adopted by the Township Committee
of the Township of Washington 12-19-2017 by Ord. No. 2017-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outside storage of vehicles and trailers — See Ch. 115.
Vehicles and traffic — See Ch. 117.
[1]
Editor's Note: This ordinance also repealed former Ch. 110,
Towing and Storage, adopted 6-16-1998 by Ord. No. 98-14, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A private passenger motor vehicle or any vehicles included
in the definition of "automobile" under N.J.A.C. 11:3-38.2.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services "normally" incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm which would be subject to additional
services and charges.
The Chief of the Police Department of the Township of Washington
or anyone designated by him.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
All vehicles propelled otherwise than by muscular power,
except such vehicles as run only upon rails or tracks, or motorized
bicycles.
An automobile storage facility that is not indoors and is
secured by a fence, wall, or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by any other man-made barrier, and all other storage facilities
not defined above as inside building or outside secured.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The flat rate amount charged by a storage facility for a
twenty-four-hour period beginning at 00:01 hours. The day of the tow
shall not be billed as a storage day.
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage capability services.
A vehicle equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted. Tow vehicles/trucks shall also have proper equipment
and materials to provide clean-up of the roadway at the scene.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A list maintained by the Washington Township Police Department
containing the names of those wreckers licensed by the Township to
respond to requests for the towing of vehicles made by the Police
Department.
The Township of Washington.
A specially adapted vehicle used to remove motor vehicles
from one place to another; tow vehicle.
Any person desiring to perform towing work for the Washington
Township Police Department shall submit an application for a wrecker
service license, in duplicate, to the Township designated license
officer. These forms shall include, but not be limited to the following:
the name of the owner; home and business address, home phone number,
business phone number, the name under which the person does or will
trade; the location, size and security features of the storage lot
on which towed vehicles will be stored; the location to which the
public must come to claim stored vehicles; a statement of willingness
to provide wrecker service on a continuous twenty-four-hour-a-day
basis each day of the year; a complete listing of the insurance policies,
carriers and agents of the owner would place in effect upon license
approval; a statement that the wrecker owner will indemnify and hold
harmless the Township, its officials, officers, employees, agents
and/or assignees in the event that any claim or recovery is made against
the Township, its officials, officers, employees, agents and/or assignees
arising out of the towing service or storage of vehicle, along with
a description of the place to be used to adequately protect the property
left in towed or stored vehicles; and a description of the type of
communication system utilized at the office where calls are to be
received.
A.
All applicants for a license to provide services under this chapter
shall have their principal business location/operation within the
geographic boundaries of the municipalities covered by the Washington
Township Police Department. There shall be no more than four licenses
permitted at any given time unless recommended by the Chief of Police
or designee and approved by the Township Committee.
B.
All applicants for a license shall obtain an application for a wrecker
service license and, upon receipt of same, shall forward said completed
application to the Chief of Police or designee for investigation of
the truth and accuracy of the information contained therein. Upon
completion of his investigation, the Chief of Police shall forward
a copy of said application to the Township Committee, along with a
recommendation for approval or disapproval of the license and the
reasons, if any, for disapproval. Upon receiving the application for
a wrecker service license, the Township Committee shall determine
whether or not the applicant has complied with the necessary standards
and criteria within 60 calendar days of receipt of the Chief's
report. All licenses shall expire on December 31 of each year unless
an earlier expiration date is indicated on the license. The decision
of the Township Committee shall be final and conclusive.
C.
The Township Clerk shall send a copy of the license to the successful
applicant, which shall contain the following:
D.
The annual licensing fee for the license issued under this chapter
shall be a flat fee of $100 for each towing company utilized by the
Washington Township Police Department. No portion of the fee shall
be prorated.
E.
A license issued under this chapter shall not be transferable and
each licensee shall produce his license whenever called upon to do
so.
A.
No wrecker license shall be issued until the applicant has deposited
with the Township Clerk and the Chief of Police copies of a garage
liability policy covering the operation of the owner's business,
equipment, or other vehicles for any bodily injury or property damage.
This policy shall be in the minimum amount of $500,000 for any one
person injured or killed, and a minimum of $1,000,000 for more than
one person killed or injured in any accident, and an additional $50,000
for property damage.
B.
Each policy must contain an endorsement by the carrier providing
90 calendar days notice to both the Township and the insured in the
event of any change in coverage under the policy and/or cancellation
of said policy.
A.
The owner or tow operator, whichever is applicable, shall provide
continuous twenty-four-hour-a-day service each day of the year and
shall provide an attendant or answering service for the purpose of
receiving calls for service. The owner shall be available to release
stored vehicles during the hours of 8:00 a.m. to 5:00 p.m. Monday
through Friday and 9:00 a.m. to 12:00 p.m. on Saturdays, except Sundays
and holidays. However, the owner or his designee reserves the right
to release the vehicle at all other off times. The owner shall assume
all liability and shall indemnify, defend, and save the Township harmless
from each and every liability for damages sustained by vehicles while
being towed or stored and for all personal injuries occurring to any
of the firm's employees or other persons and shall maintain the
required insurance policies. The wrecker shall not release any vehicle
directly impounded by the Township without authorization by the Police
Department. The tow vehicles shall be in compliance with all applicable
laws, rules, and regulations.
B.
The responding tow truck operator or licensee shall be responsible
for cleaning the scene of an accident of broken glass, metal, or debris
by sweeping the road surface to the satisfaction of the officer in
charge of the scene.
C.
The owner of the company reserves the right to create and maintain
a company policy regarding the release of personal property from the
towed vehicle when the vehicle is not held by the Washington Township
Police Department.
A.
Minimum equipment to be maintained and/or available for light-duty
service shall include, but not be limited to:
(1)
Two tow trucks and one flatbed truck, or two flatbed trucks and one
tow truck.
(2)
All units must have a fire extinguisher of ABC type, safety chains,
stiff push broom, speedy dry type material, dust pan or flat shovel
slings, amber warning lights (with permits), the necessary equipment
to handle all makes of passenger cars and small trucks up to one ton
such as pick-up and small panel trucks, and state approved safety
vests for their employees while outside of the tow vehicle.
B.
Minimum equipment to be maintained or available for heavy-duty service
shall include, but not be limited to:
(1)
Two heavy duty tow trucks with a minimum gross vehicle weight (GVW)
of 36,000 pounds.
(2)
All units must have air brakes, fire extinguisher of ABC type, safety
chains, stiff push broom, speedy dry type material, dust pan or flat
shovel, slings, under frame lift, amber warning lights (with permits),
the necessary equipment to handle all types of heavy duty trucks,
and state approved safety vests for their employees while outside
of the tow vehicle.
All costs incident to towing and/or storage shall be paid by
the owner or person in charge or possession of the towed and stored
vehicle to the owner of the wrecker company and a receipt for payment
shall be issued to said person. The Township shall assume no liability
or responsibility for any vehicle removed from any place without the
expressed written authority of the Chief of Police or designee. The
wrecker owner shall maintain approved records and claim check system
to assure release of vehicles to the rightful owner or authorized
person. Such records shall be open to the Washington Township Police
Department for investigation of specific complaints and for compiling
surveys under this section. The owner of any wrecker service shall
permit any person appointed by the Chief of Police or designee to
inspect his wreckers, security form, or storage area at such times
as the Chief of Police or designee shall deem appropriate.
A.
Towing services shall rotate on a weekly basis. The week will start
at 00:00 hours on Sunday and will continue to 23:59 hours on the Saturday
immediately following. During the week that the towing service is
assigned, all calls for service requested through the Washington Township
Police Department will be accepted. Refusal or inability to respond
will automatically result in the next wrecker on the list being summoned.
Response time shall be reasonable (no greater than 15 minutes during
regular business hours listed herein and 20 minutes all other times)
and the police officers may cancel and reassign the call when the
response time is unreasonably long. The Chief of Police or designee
shall not call or cause to be called any wrecker not licensed with
the Township unless all such wreckers are unavailable. It is specifically
permitted for the Chief of Police or designee to call a wrecker out
of sequence where proximity to the wreck and estimated response time
makes it more practical to do so. Failure to comply with this chapter
will result in removal from the list by decision of the Township Committee
after a full disclosure of the facts by all parties involved.
B.
A wrecker company that cannot respond when called shall not have
any other wrecker company, whether on the rotation list or not, respond
in their place. The next wrecker called shall be at the Township officer's
discretion.
C.
Any wrecker company unable to respond to four or more police requests
per month will be subject to removal from the approved list for the
next rotation week of being on service. Any wrecker company using
a paging system will be granted a five-minute wait period to respond
before police call the next wrecker company on the list.
A.
A covered, secured facility shall be provided for security of autos
impounded by the police when they determine it is of evidential value.
This vehicle shall not be disturbed by anyone not involved in the
investigation. The covered facility must be on the grounds of the
towing service and must meet the approval of the Washington Township
Police Department. No one shall release an impounded vehicle without
permission of the Chief of Police or designee.
B.
A fenced-in area for all other impounded vehicles shall be provided.
C.
Hours available for release of vehicles: Monday through Friday 8:00
a.m. to 5:00 p.m. and Saturdays 9:00 a.m. to 12:00 p.m. This excludes
Sundays and legal holidays. The release of a vehicle or gaining access
to a vehicle outside of normal available hours may result in an additional
fee. Specific "impounded vehicles" by police shall require a release
form from the Police Department prior to release.
Wrecker services are required to have copies of established
rates available for the vehicle owner or driver at the time of the
tow.
This section in no way denies the right of a motorist to request
or summon a tow operator of his/her own choosing, providing that the
officer at the scene determines that the tow operator to be summoned
can arrive at the scene in a time limit as specified herein, has the
proper equipment to clear the scene, and the safety of persons or
motorists will not be jeopardized by the time involved. No Washington
Township police officer will be required to accept a towing service
unknown to him when the safety of the public is potentially threatened
by a disabled or wrecked vehicle. This section does not apply when
the vehicle is impounded under the authority of the Police Department.
Fees and rates for towing and storage of motor vehicles shall
not exceed the following limits:
A.
Light-duty tow service (GVW under 10,000 pounds):
(1)
Day rate (8:00 a.m. to 5:00 p.m.) shall be fixed at $200 per vehicle
towed plus any additional fees allowed within this chapter. There
shall be no mileage charged from the tow location back to the tow
company location. If police release said vehicle and allow it to be
towed to a location agreed upon by the responsible person of the vehicle
and the tow company, then from that point on the tow is no longer
covered under this chapter and is up to the policies of the tow company.
(2)
Saturday/Sunday/nights/holiday rates shall be a fixed $225 per vehicle
towed plus additional fees as noted above.
B.
Medium-duty tow service (GVW 10,000 to 26,000 pounds):
(1)
Day rate (8:00 a.m. to 5:00 p.m.) shall be fixed at $250 per hour
per vehicle towed (minimum of one hour), plus any additional fees
allowed within this chapter. There shall be no mileage charged from
the tow location back to the tow company location. If police release
said vehicle and allows it to be towed to a location agreed upon by
the responsible person of the vehicle and the tow company, then from
that point on the tow is no longer covered under this chapter and
is up to the policies of the tow company.
(2)
Saturday/Sunday/nights/holiday rates shall be a fixed $275 per hour
and per vehicle towed (minimum of one hour), plus additional fees
as noted above.
C.
Heavy-duty tow service (GVW over 26,000 pounds):
(1)
When a conventional wrecker can be used, the fixed daytime rate shall
be $500 per hour per vehicle towed with a one-hour minimum.
(2)
Saturday/Sunday/nights/holiday rates shall be a fixed $550 per hour
and per vehicle towed (minimum of one hour), plus additional fees
as noted above.
(3)
When under-reach towing is required, the fixed hourly rate shall
be $550 with a one-hour minimum.
(4)
Saturday/Sunday/nights/holiday rates shall be a fixed $600 per hour
per vehicle towed (minimum of one hour), plus additional fees as noted
above.
D.
Other rates for additional services:
(1)
A "day" is defined as a twenty-four-hour period beginning at 00:01
hours. The day of the actual tow shall not be billed as a storage
day.
(2)
Storage fees for vehicles shall be fixed at $45 per day for motor
vehicles under 22 feet in length and $125 per day for vehicles 22
feet in length or longer. Any standard-use type trailer (i.e., boat
trailer, landscape trailer, small enclosed trailers) less than 22
feet shall be charged on its own at the same rate as standard vehicles
listed herein under 22 feet.
(3)
At the request of the Police Department for a vehicle to be stored
securely inside of the tow company's facility, for investigation
purposes, the flat storage fee shall be $75 per day.
(4)
Extra charge of $125 per hour per extra helper.
(5)
Any additional equipment/materials necessary at the scene to complete
the required job shall be billed accordingly by the tow company.
(6)
At anytime an additional tow vehicle is physically needed to assist in the required job, the tow company may bill for an additional tow truck(s) at their fixed rates listed within § 110-12 of this chapter.
(7)
All hours charged are subject to weather conditions. Winching and
recovery charges are subject to conditions pertaining to the accident
scene and weather conditions. These charges shall be reasonable and
fair and shall be explained in the bill.
(8)
An administration fee of $45 may be billed once after three documented
communications in regards of the towed vehicle.
E.
Mutual agreement. As a side note the towing companies licensed within
this agreement have agreed to respond within a twenty-five-mile radius
for the recovery of any Washington Township vehicle. This also extends
out to Morris County Police and Fire Academy if outside the twenty-five-mile
radius.
All grievances by Township licensees or the public shall be
brought to the attention of the Police Department and the Township
Clerk. Complaints of any violation of this chapter may result in the
suspension of the said wrecker service by the Chief of Police until
a hearing can be arranged by the Township Clerk with the Township
Committee or designee. If it is found that a violation of this agreement
does exist, the Township Committee or designee may terminate the wrecker
service's license. All decisions made by the Township Committee
or designee shall be considered final and conclusive.
