Borough of Shrewsbury, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 2-10-1992 by Ord. No. 638 (Ch. 86 of the 1973 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 90.

§ 242-1 Title.

This chapter shall hereafter be known and cited as the "Borough of Shrewsbury Towing Ordinance."

§ 242-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CRUISING
The driving of a wrecker along any Borough street for the purpose of soliciting business within the Borough.[1]
FLATBED
A special wrecker for removal of special vehicles which could not be lifted by a normal wrecker without causing undue damage.
GARAGE
A building in which motor vehicles can be sheltered, stored, repaired and made ready for use. It is specifically intended not to include a gasoline service station used primarily for furnishing gasoline, oil, lubrication service and minor service for automobiles.
HEAVY-DUTY WRECKER
A wrecker with a minimum lifting capacity of 25 tons on a tandem truck chassis.
NORMAL WORKING HOURS
Monday through Friday, 8:00 a.m. to 5:00 p.m.; Saturday, 8:00 a.m. to 12:00 noon; national holidays are exceptions.[2]
OPERATOR
The owner or agent of a serving garage.
PERSON
Individuals, partnerships, corporations, companies and any other similar association of person or persons engaged in business.
TOWING
The removal of a vehicle by taking the same in tow or placing it on a flatbed.
UPRIGHTING
The returning of a vehicle to its proper position on all four wheels or undercarriage.
WINCHING
The use of cable and hooks, crane operation, lifting, dragging and uprighting a vehicle.
WRECKER
A public vehicle employed for the purpose of towing, transportation and/or conveying or removing vehicles which are unable to be and/or actually not operating under their own power from the place where disabled to some other place, and a service charge or fee is expected.
[1]
Editor's Note: The former definition of “dolly wreck,” which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 242-3 License required.

No person shall operate a tow truck or conduct any towing service within the Borough of Shrewsbury without first having obtained a license therefor.

§ 242-4 Application for license. [1]

A. 
The application for license as required by § 242-3 shall be made to the Chief of Police, and shall accurately specify the following information, the truth of which shall be sworn by the applicant:
(1) 
The year, make, type, weight, and registration of the tow truck(s) to be used.
(2) 
The name and address of the owner of the truck, if other than the applicant.
(3) 
The name and address of the applicant or applicants and, if a corporation, the name and address of each officer and director thereof.
B. 
All licenses shall be for one year from the date of issuance and must be renewed by April 30 of each year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 242-5 License fees.

A. 
The following schedule of fees is hereby adopted for obtaining a towing operator's license:
(1) 
Application fee: $50.
(2) 
License fee: $100.
B. 
All fees shall be turned in to the Borough Clerk within 30 days after receipt.
C. 
Fees paid pursuant to this section shall not be refundable for any reason.

§ 242-6 Suspension or revocation of license; hearing.

Any license granted hereunder may be suspended or revoked by the Mayor and Council, after written notice and public hearing thereon, for:
A. 
Misstatement in the application.
B. 
Failure to maintain insurance in the amounts set forth in this chapter.
C. 
Violation of any other provision of this chapter.
D. 
Violation of any law or regulation of the State of New Jersey which might be deemed grounds for cancellation or revocation by the Mayor and Council.

§ 242-7 Expiration of license. [1]

A. 
Any license issued hereunder may be renewed for additional periods of one year upon:
(1) 
Submission to the Chief of Police of a renewal application containing the same information previously required in § 242-4 prior to April 30.
(2) 
Presentation of renewal insurance certificate as required in § 242-11.
(3) 
A written endorsement of good standing to be prepared by the Chief of Police, which is to be attached to the application prior to its presentation to the Mayor and Council for final approval.
B. 
Any license shall not be transferable.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 242-8 Issuance or denial of license.

Upon receipt of all reports as set forth in this chapter, the Chief of Police shall forward the reports to the Mayor and Council, which shall grant or deny a license within 30 days after receipt of said reports. Failure to act within 30 days shall constitute a denial. In the event of a denial, the applicant shall be notified of the denial, and the applicant shall have 10 days to make a written request to the Clerk for a hearing before the Mayor and Council.

§ 242-9 Duty list.

The Police Department shall establish and publish a call list for all eligible licensees for the purpose of towing services within the Borough. Each licensee deserving to be placed on the list shall agree to the terms and conditions as may be set and approved by the Chief of Police. The list shall be in alphabetical order and rotated as to be equal to all applicants. Any licensee shall be removed from the list upon:
A. 
Written request from the licensee.
B. 
Failure to comply with the terms and conditions as prescribed by the Chief of Police.
C. 
Revocation of towing license.

§ 242-10 License not transferable; display of license.

A license issued under this chapter shall not be transferable, nor shall the licensee be permitted to subcontract. Each licensee shall display on all vehicles the identification number, the Chief's signature and the inspection date of the vehicle.

§ 242-11 Insurance policy requirements.

No wrecker shall be licensed or authorized hereunder, nor shall any licensed wrecker be operated within the Borough of Shrewsbury unless he has deposited with the Borough Clerk the following insurance policies or certificates of insurance:
A. 
Garage keeper's legal liability: an auto garage keeper's legal liability policy covering fire, theft and explosion in the minimum amount of $100,000 and collision coverage subject to maximum deductible of $500 with each accident deemed a separate claim.
B. 
Garage operation policy, liability: combined limit bodily injury and/or property damage, including broad forms products liability, personal injury, employees as additional insureds, fire legal liability, premises and operation coverage, additional injury and extended bodily injury: $1,000,000.
C. 
Business automobile policy liability: combined limit bodily injury and/or property damage: $1,000,000, including a limit of $500,000 on uninsured/underinsured motorists, nonowned coverage, hired car coverage, mandatory motor carrier endorsement, pollution coverage and endorsement covering the vehicle in tow.

§ 242-12 Operating and response time.

[Amended 2-17-2004 by Ord. No. 823]
No license will be issued to an applicant hereunder unless he or his employee shall be available or on-call on a twenty-four-hour basis to tow. All towers must respond to a call for service from the Police Department within a reasonable amount of time, preferably 20 minutes. During any license year, a tower must respond to a minimum of 75% of all calls for service received from the Police Department.

§ 242-13 Storage areas.

[Amended 2-17-2004 by Ord. No. 823]
A. 
All towers must have safe and sufficient storage areas on their premises to store not fewer than 20 vehicles and shall be available Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 8:00 a.m. to 12:00 noon, for the release of towed vehicles. The tower will also have to receive a vehicle impound request on notification from the Police Department to release said vehicle to the claimant.
B. 
Towers will provide and have available a protected area for the storage of vehicles involved in criminal cases, if the Shrewsbury Borough Garage does not have the facilities. "Protected area" shall include inside storage or fenced-in storage of said vehicle to deny access to such vehicle by unauthorized persons. The vehicle must be covered if the same is stored outside. No license will be issued unless facilities are within five miles distance of the Borough of Shrewsbury.

§ 242-14 Towing and storage charges.

[Amended 11-21-1994 by Ord. No. 701]
A. 
Charges for transporting, hauling or service of disabled vehicles involved in accidents or which are disabled on roadways and on private or public property and storage of said vehicles shall be according to the following:
[Amended 6-7-1999 by Ord. No. 765; 5-15-2006 by Ord. No. 871; 6-4-2007 by Ord. No. 898]
(1) 
The Mayor and Council, by resolution prior to April 30, will set a fee schedule that no towing operator shall charge fees in excess thereof.
(2) 
Wrecker/Flatbed fee: $95.
(3) 
Storage: $20 per day.
(4) 
The contractor shall make appropriate accommodations for customer fees to be payable by major credit cards and auto club memberships such as AAA, if applicable.
(5) 
Special towing services. If special towing services are required, the towing and storage contractor shall quote the vehicle owner or his authorized agent directly. In the event that the owner is incapacitated, a written copy of the price quote should be filed with the Police Department.
(6) 
No release fees may be charged for the release of vehicles.
B. 
A fee schedule conspicuously indicating the maximum rate for towing and storage of a vehicle within the Borough of Shrewsbury or elsewhere shall be kept in the possession of the drivers of the wreckers and presented to the driver/owner of any vehicle prior to any vehicle being towed by a licensee. In addition, a copy of said fee card shall be posted in the cab of the towing vehicle and in a conspicuous location in the public area of the Police Department. An itemized bill list shall further be supplied to each person towed, upon request. Any vehicle authorized and controlled by the Police Department concerning a criminal investigation will be charged as follows: The registered owner will not incur any storage fee while the Police Department, at the direction of the Chief of Police, has control over the impound storage for criminal investigation purposes. Once the investigation is concluded and the owner is allowed to obtain control of said vehicle as notified by the Police Department, then the storage fee shall be instituted. This release notification to storage licensee will be at the direction of the Chief of Police, and all incurred daily storage fees will be the responsibility of the vehicle owner.

§ 242-15 Towing procedures; record of towed vehicles.

[Amended 2-17-2004 by Ord. No. 823]
The Police Department shall supervise and govern the enforcement and provisions of this chapter. No tower or employee shall respond to an accident or disabled vehicle unless being requested by the Shrewsbury Police Department or by request of the driver or owner. The Shrewsbury police have the option to call a duty wrecker if the driver's or owner's service does not arrive in reasonable time. There will be no following of patrol vehicles to the scene. The towing service shall be required to keep a log of all towed vehicles, including the following:
A. 
The date and time of the report.
B. 
The name of the towing operator.
C. 
The address from where and to where the vehicle was towed.
D. 
The name of the towing operator.
E. 
Complete dates of storage, and if released, who received it, and if a vehicle report was received to authorize release.
F. 
The make, model, year and registration.
G. 
The general condition of the vehicle's damaged areas.

§ 242-16 Qualifications for drivers.

[Amended 2-17-2004 by Ord. No. 823]
A. 
No person shall drive a wrecker unless he/she holds a valid New Jersey driver's license for driving the type of vehicle he/she is operating.
B. 
The driver shall also have a valid identification card issued by the police, with name and driver's license number on the same, for periodic checks by police of the license. If said driver's license becomes suspended or expired, he/she shall notify the Shrewsbury Police Department immediately. Each driver will have a background check by the Shrewsbury Police Department. If there is a finding of any criminal conviction, the driver shall be disqualified unless waived for cause by the Chief of Police.

§ 242-17 Equipment on vehicles.

No licensee shall possess or exhibit flashing lights except as provided under N.J.S.A. 39:1-1 et seq.
A. 
A minimum of two flashing yellow lights pointed to the rear and so mounted as not to be obstructed by any motor vehicle being towed by the licensee are required.
B. 
A minimum of two flashing yellow lights spaced at least four feet apart and so constructed as to be mountable on the rear of any vehicle being towed are required.
C. 
A three-hundred-sixty-degree rotating amber beacon light shall be mounted over the cab.
D. 
All lights shall be of such candlepower in intensity to be visible 1/4 of a mile away.
E. 
Dual rear wheels or equivalent are required.
F. 
All vehicles shall originate from a garage equipped with a portable car dolly.
G. 
A power-take-off-controlled winch with a minimum cable thickness of 3/8 of an inch or equivalent is required.
H. 
Weight equal to the vehicles to be towed, with a minimum of 5,500 pounds, is required.
I. 
A three-eighths-inch safety chain is required. The lift chain and the safety chain are not to be attached in any manner whatsoever to the same part of the wrecker.
J. 
One shovel, one broom and one bucket for use in removing debris from the roadway shall be on all vehicles.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
K. 
One twenty-pound dry-chemical fire extinguisher shall be on all vehicles.
L. 
One five-gallon bucket of sand or speedi-dri shall be in all vehicles.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 242-18 Removal of debris from the accident scene.

If the tower is requested to render services at an accident scene, the operator shall remove from the street all broken glass, metal and other debris resulting from the accident.

§ 242-19 Preservation of evidence.

The tower shall take all reasonable precautions to protect evidence when required to by the Shrewsbury Police Department. All vehicles which contain evidence shall be stored as required above.

§ 242-20 Employee conduct; complaints.

A. 
The licensee shall be solely responsible for the conduct of his/her employees.
B. 
Any complaints received by the Borough of Shrewsbury regarding the licensee or his/her employees involving excessive charging, damage to vehicles, theft from vehicles, discrimination or failure to comply with local, state and federal laws regarding workers' employment regulations shall be addressed to the Chief of Police for his review.