[HISTORY: Adopted by the City Council of
the City of Long Branch 7-26-1977 by Ord. No. 884 (Ch. XXIV of the 1971
Code). Amendments noted where applicable.]
[Amended 3-10-1983 by Ord. No. 1096]
The Public Safety Director of the City of Long Branch shall establish a list of persons or firms who shall be utilized by the Police Department of the City to provide towing and wrecking services for abandoned, wrecked or impounded vehicles. This list shall be established based upon the filing of applications by those interested parties, said application to be in a form as fully described in § 316-2 of this chapter.
A.
The Public Safety Director be and the same hereby
is authorized to use John's Truck and Auto of 505 Joline Avenue, Long
Branch, New Jersey, as a contact and storage facility for abandoned
vehicles in the City of Long Branch.
[Added 4-9-2002 by Ord. No. 4-02; amended 4-12-2005 by Ord. No.
9-05]
A.
An application for a license as a proprietor of a
towing or wrecking business to be placed upon the list to be utilized
by the Police Department shall be made by the person or firm engaged
in operating a wrecker or wreckers. The application shall be made
on forms furnished by the Police Department and specifically report
the following facts:
(1)
The full name and address of the applicant. If the
application is made for a corporation, it shall state the names and
addresses of the officers and directors thereof, its registered office
and its resident agent.
(2)
The year, make and type of each wrecker used in said
business, its serial number, registration number and registered owner.
(3)
The address where the wrecker or wreckers shall be
regularly garaged, the telephone number available on a twenty-four-hour-per-day
basis and the names of all operators, their addresses and the serial
numbers of their New Jersey motor vehicle licenses.
B.
The application for a towing-wrecking license shall
be accompanied by a certificate of liability insurance for said wrecker
in the policy limits of no less than $250,000 for one person, $500,000
for one accident and $20,000 for property damage. The certificate
of insurance shall be issued by a company certified to do business
in New Jersey, and each policy so required must contain an endorsement
providing for 30 days' notice to the City in the event of any material
changes in the policy or cancellation thereof.
C.
The City Clerk shall refer the application for a license
to the Police Department for a check of all equipment, personnel and
facilities of the applicant to determine the ability of the applicant
to perform the business herein regulated.
D.
The office, workshop and storage areas of the applicant
must be located in zones where such use is permitted and lie within
the boundaries of the City of Long Branch.
E.
Each vendor providing towing service must show proof
of ownership or a lease agreement for a proper land area to store
a minimum of 20 cars. Adequate lighting shielded from abutting premises
shall be maintained during night hours, and a security fence of at
least six feet in height shall be maintained.
[Amended 3-10-1983 by Ord. No. 1096]
F.
Each wrecker must meet all of the requirements of
N.J.S.A. Title 39, Motor Vehicle Rules and Regulations, and must have
a lifting capacity of at least four tons. In addition, each wrecker
must have the following equipment:
(1)
One large broom and shovel.
(2)
At least one set of dolly wheels.
(3)
Steering wheel lock for towing vehicles from the rear.
(4)
Tow sling-type tow bar and/or wheel lift to prevent
any part of the crane metal from touching towed vehicles.
[Amended 7-23-1991 by Ord. No. 24-91]
(5)
Emergency warning lights.
(6)
Portable safety lights to be installed on the rear
of the towed vehicle if necessary.
(7)
Safety flares for night work.
(8)
At least 50 feet of adequate size cable or chain to
be used when winching is necessary.
[Added 3-10-1983 by Ord. No. 1096]
(9)
Snatch block to be used for winching.
[Added 3-10-1983 by Ord. No. 1096]
G.
After the application has been submitted and been
reviewed by the Police Department, it shall be forwarded to the Director
of Public Safety for approval or disapproval by him. Such approval
or disapproval shall be dependent on both the applicant's technical
ability to perform the requested tasks as outlined above and upon
the applicant's personal fitness to engage in a business regulated
in the public interest. Factors which the Police Department and the
Director of Public Safety shall determine as disqualifying for reasons
of personal fitness shall include:
H.
No license for a tower or wrecker shall be granted
unless and until the number of licenses issued and outstanding shall
be less than six.
[Added 7-26-1988 by Ord. No. 47-88]
The Director of Public Safety shall see that
a record is maintained containing the names, addresses and twenty-four-hour
telephone numbers of all licensed wreckers and a record of the types
of wreckers available to meet the specific need of the emergency.
The Director of Public Safety shall also see that a record is maintained
of the regular response of wreckers to police calls and any and all
complaints from vehicle owners as to improper service or charges.
The Public Safety Director shall maintain a
revolving list of licensed wreckers to provide service where needed
and instruct all duty officers to call those listed in alphabetical
order on a rotational basis. All owners or operators of disabled vehicles
shall retain the right to direct the towing vehicle to remove the
damaged vehicle to a garage or workshop of their own choosing.
[Amended 3-10-1983 by Ord. No. 1096; 7-26-1988 by Ord. No.
47-88; 4-23-1991 by Ord. No. 9-91; 7-23-1991 by Ord. No. 24-91]
A.
Fee schedule: result of public impounds.
(1)
For passenger vehicles, mopeds, motorcycles under
8,000 pounds, the towing fee shall be as follows:
[Amended 1-12-1999 by Ord. No. 47-98; 3-27-2001 by Ord. No.
9-01; 2-24-2015 by Ord. No. 2-15]
(a)
Passenger vehicles, including mopeds and motorcycles, adjacent
to the confines of the roadway, from any point in the City of Long
Branch any day of the week, at any time of day or night and all holidays
are a flat fee of $125.
[Amended 4-12-2023 by Ord. No. 09-23]
(b)
Passenger vehicles, including mopeds and motorcycles,
adjacent to the confines of the roadway, from any point in the City
of Long Branch, during the hours of 5:00 p.m. to 8:00 a.m., Monday
through Friday: $75.
(c)
Passenger vehicles, including mopeds and motorcycles,
adjacent to the confines of the roadway, from any point in the City
of Long Branch, at any time of the day or night on Saturday, Sunday
and holidays: $75.
(d)
Any vehicles 8,000 pounds or greater as registered gross weight
or manufacturers gross vehicle weight placard, from any point within
the City of Long Branch, at any time of the day or night: $150.
[Amended 4-12-2023 by Ord. No. 09-23]
(2)
Where dolly-towing or flatbed towing is required,
an additional fee of $40 shall be charged; or wheel lift: $125 all
vehicles and trailers 8,000 pounds gvw or 20 feet or greater in length
(including load). *Within City limits; $2.50 per mile out of City
limits.
[Amended 1-12-1999 by Ord. No. 47-98; 2-24-2015 by Ord. No.
2-15; 4-12-2023 by Ord. No. 09-23]
(3)
When the winching of any vehicles or the recovery
of any vehicles is required, within 25 feet from the roadway, an additional
fee of $75 shall be charged. For any vehicle that is more than 25
feet from the roadway, an additional fee of $3 per foot of cable utilized
shall be charged.
[Amended 1-12-1999 by Ord. No. 47-98; 3-27-2001 by Ord. No.
9-01; 4-12-2023 by Ord. No. 09-23]
(4)
Where passenger vehicles, including mopeds and motorcycles,
are stored prior to reclamation by the owner, the fees shall be as
follows:
[Amended 1-12-1999 by Ord. No. 47-98; 3-27-2001 by Ord. No.
9-01; 2-24-2015 by Ord. No. 2-15]
(a)
Indoors. A fee of $60 per day shall be charged.
[Amended 4-12-2023 by Ord. No. 09-23]
(b)
Outdoors. A fee of $40 per day shall be charged.
[Amended 4-12-2023 by Ord. No. 09-23]
(c)
Outdoor (unsecured). A fee of $15 per day shall be charged.
(d)
Vehicles or trailers 8,000 pounds or greater gvw or greater
than 20 feet in length; an additional charge of $60.
[Amended 4-12-2023 by Ord. No. 09-23]
(5)
Where vehicles over 8,000 pounds weight rating, as
identified on the manufacturer’s GVWR placard for load on vehicle
or trailer, or any vehicle over 20 feet in length including the load
on the trailer are stored prior to reclamation by the owner, the fees
shall be as follows:
[Amended 1-12-1999 by Ord. No. 47-98; 9-11-2007 by Ord. No.
35-07; 4-12-2023 by Ord. No. 09-23]
(a)
Indoors. A fee of $60 per day shall be charged.
The request for a vehicle to be stored inside shall be made by the
owner of the vehicle or by the City of Long Branch Police Department’s
Traffic Safety Unit. Any vehicle which is stored inside shall remain
inside until the vehicle is retrieved or a request by the owner or
this agency is given to place the vehicle in another location.
(b)
Outdoors. A fee of $40 per day shall be charged.
(6)
The towing and service charges for City-of-Long Branch-owned
vehicles, excluding fire trucks and garbage trucks, shall be as follows:
[Amended 9-11-2007 by Ord. No. 35-07]
(a)
Vehicles up to 8,000 pounds weight rating, as
identified on the manufacturer’s GVWR placard, or any vehicle
over 20 feet in length including the load on the trailer:
(b)
Vehicles over 8,000 pounds weight rating, as
identified on the manufacturer’s GVWR placard, or any vehicle
over 20 feet in length including the load on the trailer:
(7)
Where the owner of a vehicle requests a wrecker for
a service call, on a vehicle not to be towed, the charge for this
service shall not exceed the City rates for towing.
(8)
Every operator of a towing service shall give the
owner a written estimate of costs and a written receipt when paid.
B.
Fee schedule: result of accident or theft recovery.
The following is the fee schedule for towing and storage services
as a result of an accident or theft recovery:
(1)
When towing services are required at the scene of
an automobile accident, the day rate shall apply when the time of
the accident is between 8:00 a.m. and 4:00 p.m., Monday through Friday,
except New Jersey State holidays. The night, weekend and holiday rate
shall otherwise apply.
(2)
When towing services are otherwise required, the day
rate shall apply when the vehicle is transported (pickup and delivery)
entirely between the hours of 8:00 a.m. and 6:00 p.m., Monday through
Friday, except New Jersey State holidays. The night, weekend and holiday
rate shall otherwise apply.
(3)
Days. Day rates shall be as follows:
[Amended 3-27-2001 by Ord. No. 9-01; 9-11-2007 by Ord. No.
35-07]
(4)
Nights, weekends and New Jersey State holidays. Rates
shall be as follows:
[Amended 3-27-2001 by Ord. No. 9-01; 9-11-2007 by Ord. No.
35-07]
(5)
Inside building. Storage facility rates shall be $40.
For any vehicle or trailer greater than 20 feet in length or with
a weight rating greater than 8,000 pounds, as identified on the manufacturer's
GVWR placard, there shall be an additional charge of $2 per day. The
request for a vehicle to be stored inside shall be made by the owner
of the vehicle, or by the City of Long Branch Police Department's
Traffic Safety Unit. Any vehicle, which is stored inside, shall remain
inside, until the vehicle is retrieved or a request by the owner or
this agency is given to place the vehicle in another location.
[Amended 3-27-2001 by Ord. No. 9-01; 9-11-2007 by Ord. No.
35-07; 2-24-2015 by Ord. No. 2-15]
(6)
Outside secured storage facility capacity. Rates shall
be $40. For any vehicle or trailer greater than 20 feet in length
or with a weight rating greater than 8,000 pounds, as identified on
the manufacturer's GVWR placard, there shall be an additional charge
of $2 per day.
[Amended 3-27-2001 by Ord. No. 9-01; 9-11-2007 by Ord. No.
35-07; 2-24-2015 by Ord. No. 2-15; 4-12-2023 by Ord. No. 09-23]
(7)
Outside unsecured storage facility capacity. Rates
shall be $15. For any vehicle or trailer greater than 20 feet in length
or with a weight rating greater than 8,000 pounds, as identified on
the manufacturer's GVWR placard, there shall be an additional charge
of $2 per day.
[Amended 9-11-2007 by Ord. No. 35-07; 2-24-2015 by Ord. No.
2-15]
(8)
Additional flatbed truck to provide towing services,
if necessary, shall result in an additional charge of no greater than
$75 with approval of officer on scene.
[Added 3-27-2001 by Ord. No. 9-01; amended 2-24-2015 by Ord. No.
2-15; 4-12-2023 by Ord. No. 09-23]
(9)
Use of materials for cleaning an accident scene and
for material and labor required for the application, cleanup and disposal
of absorbent material required for the cleanup of fuel leaks or spills
covering less than 100 square feet of the roadway. Fluid leaks or
spills larger than 100 square feet will be mitigated by the Fire Department
of the City of Long Branch, $45.
[Added 3-27-2001 by Ord. No. 9-01; amended 12-30-2003 by Ord. No.
43-03; 2-24-2015 by Ord. No. 2-15; 4-12-2023 by Ord. No. 09-23]
(10)
Use of collision wrap for unsecured broken windows shall result
in an additional charge of no greater than $25 per window.
[Added 2-24-2015 by Ord. No. 2-15]
The practice of cruising with a wrecker or tow
truck is forbidden. Furthermore, no person shall pay any emolument
to any third person not involved in the accident or to any police
officer for information as to the location of any accident or soliciting
the employment of the licensee's of any accident or soliciting the
employment of the licensee's service, nor give any gratuities, fees
or other compensation or gifts to any members of the Police Department.
[Amended 7-26-1988 by Ord. No. 47-88; 2-24-2015 by Ord. No.
2-15; 4-12-2023 by Ord. No. 09-23]
The fee for the license issued under this chapter
shall be $200, paid on receipt of said license from the City Clerk.
The license shall remain valid from January 1 to December 31 of each
year. It may be renewed annually by the operator paying a fee of $250,
provided that the operator continues to comply with all the terms
and conditions of this chapter.
A.
Tow truck annual inspection fee: $100 per truck.
By making application to be utilized as a tower
or wrecker by the Police Department and by accepting such employment,
the person or firm agrees to the following:
A.
In order to provide the public with prompt and adequate
tow truck service, the tow truck operator will be asked to respond
within 20 minutes after receipt of the call. If the operator cannot
respond within such time, he shall so notify the person requesting
the service, and the person requesting said service, if time is of
the essence, may call another licensee on the rotating list.
[Amended 3-10-1983 by Ord. No. 1096]
B.
Clean all debris at the accident site emanating from
the accident, including the application, cleanup and disposal of absorbent
material required for the cleanup of fluid leaks or spills covering
less than 100 square feet of the roadway.
[Amended 12-30-2003 by Ord. No. 43-03]
C.
Provide the Police Department and the City-approved
title processing company with the information of any and all unclaimed
vehicles. Vehicles over 15 business days for junk title, 20 business
days for operable vehicles:
[Amended 7-26-1988 by Ord. No. 47-88; 2-24-2015 by Ord. No.
2-15]
D.
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 payments.
E.
Comply with all other terms and conditions of this
chapter.
F.
Comply with Occupational Safety and Health Administration
standards.
G.
Provide the City of Long Branch with a written agreement
to indemnify and hold the City harmless against any claims arising
out of the towing operator's work which may be found to be negligently
performed. The agreement shall also include indemnification for any
legal fees and costs and expenses incurred by the city.
[Added 3-10-1983 by Ord. No. 1096]
H.
Two refusals per week by any tower operator will result
in a hearing before the Public Safety Director, at which time the
license may be suspended or revoked. A refusal shall include but not
be limited to the following:
[Added 7-26-1988 by Ord. No. 47-88;
amended 7-23-1991 by Ord. No. 24-91; 4-12-2023 by Ord. No. 09-23]
I.
Required hours of operation for release of vehicles are as follows:
[Added 7-26-1988 by Ord. No. 47-88; amended 2-24-2015 by Ord. No.
2-15]
J.
All impounded vehicles as well as vehicles towed as a result of an accident shall be stored in a secured area as defined in § 316-2E.
[Added 12-12-2000 by Ord. No. 51-00]
K.
The only vehicles which shall be stored in an outside
unsecured area shall be those which are currently registered and operable,
not having been towed as a result of being impounded or in an accident,
and only after expressed permission of the owner of the vehicle is
granted for such storage.
[Added 12-12-2000 by Ord. No. 51-00]
The Director of Public Safety is hereby given
the authority to promulgate rules and regulations necessary to carry
out the intent and purpose of this chapter, subject to approval by
resolution by the City Council of the City of Long Branch. The Director
of Public Safety is hereby given the authority to suspend or revoke
the right of any person or firm which is on the authorized list if
the person or firm violates any of the terms and conditions of this
chapter. Any person or firm aggrieved by any rule or regulation promulgated
by the Director of Public Safety or by a suspension or revocation
made by him shall be given a hearing by the City Council within 15
days of the filing with the City Clerk of a request for a hearing.
[Amended 3-10-1983 by Ord. No. 1096]
Nothing in this chapter shall be construed so
as to prevent any owner or operator of a motor vehicle from calling
any tower or wrecker of his own choice.
[Amended 9-11-2007 by Ord. No. 35-07]
Nothing in this chapter shall be construed so
as to prevent any owner or operator of a motor vehicle from calling
any wrecker or tower of his own choice, provided that the tower can
respond within a reasonable amount of time and provided that he does
not tie up a police officer. Additionally, nothing in this chapter
shall be construed so as to obligate the City of Long Branch or any
of its officers or employees to become obligated in any way whatsoever
for any storage charges or towing fees as authorized by this chapter.
[Added 3-10-1983 by Ord. No. 1096; amended 4-23-1991 by Ord. No.
9-91]
Each and every person or entity violating any
of the provisions of this chapter, or the chapter which it amends
or supplements, shall, upon conviction, be subject to a fine of not
more than $5,000 for a first offense, not more than $10,000 for a
second offense and not more than $15,000 for each subsequent offense.
