[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.
This chapter shall hereafter be known and cited
as the "Borough of Shrewsbury Towing Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The driving of a wrecker along any Borough street for the
purpose of soliciting business within the Borough.[1]
A special wrecker for removal of special vehicles which could
not be lifted by a normal wrecker without causing undue damage.
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.
A wrecker with a minimum lifting capacity of 25 tons on a
tandem truck chassis.
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]
The owner or agent of a serving garage.
Individuals, partnerships, corporations, companies and any
other similar association of person or persons engaged in business.
The removal of a vehicle by taking the same in tow or placing
it on a flatbed.
The returning of a vehicle to its proper position on all
four wheels or undercarriage.
The use of cable and hooks, crane operation, lifting, dragging
and uprighting a vehicle.
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.
No person shall operate a tow truck or conduct
any towing service within the Borough of Shrewsbury without first
having obtained a license therefor.
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.
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.
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.
(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.
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.
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 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.
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.
[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.
[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.
[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.
[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.
[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.
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.
K.
One twenty-pound dry-chemical fire extinguisher shall
be on all vehicles.
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.
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.
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.
