[HISTORY: Adopted by the Township Council of the Township of West Milford 2-19-1992 by Ord. No. 1992-4. Amendments noted where applicable.]
A. 
It is the purpose of this chapter to establish the minimum requirements for a contractor to do towing work and/or vehicle removal, and/or impoundment of vehicles, four wheels or less, for the Township of West Milford when determined necessary by the West Milford Township Police Department.
B. 
This work includes but is not limited to vehicles that are impounded for illegal parking, vehicles found to be stolen, or vehicles that are abandoned or found to be unregistered and/or uninsured, vehicles involved in accidents that must be removed from the streets, and vehicles which have become disabled and in need of removal and the West Milford Police Department has been asked by the motorist to call for towing or road service, or that have to be towed and/or impounded for any other reason at the discretion of the West Milford Police Department.
For the purpose of this chapter, the following words shall have the meanings given herein:
AUTOMOBILE
Any private passenger automobile, motorcycle or ATV, as well as pickup trucks and panel trucks or recreation vehicles up to 1 1/2 tons.
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway, street or other public or private road or property, or a parking area, or elsewhere in the Township, 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. Flatbedding and dolly services are included here, and there shall be no extra charge for same.
CRUISING
Driving an unengaged wrecker to and fro along a public street in any fashion calculated for the purpose of soliciting business along any street.
GARAGE
A building or property within the Township of West Milford where motor vehicles can be sheltered, stored, repaired, and made ready for use, and it is specifically intended not to include within the meaning of this definition a gasoline service station used principally for furnishing gasoline, oil, lubrication service and minor services for automobiles.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is secured by a fence or wall or other man-made barrier that is at least six feet high.
POLICE REQUEST
When a tow truck or service is requested by a police officer.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
WRECKER and TOW TRUCK
A vehicle employed for the purposes of towing, transporting or conveying and removing any vehicles which are unable to be operated under their own power from the place where they are disabled to some other place.
[Amended 5-20-2020 by Ord. No. 2020-008]
A. 
No person, firm, or corporation who wishes to engage in municipal towing at police request shall engage in the business of operating wreckers or tow trucks for the aforementioned purpose within the Township without first obtaining the necessary license as hereinafter provided from the Chief of Police.
B. 
The number of towers to be identified as eligible to be placed on the rotating call list in order to perform towing work for the Township shall be determined by the Chief of Police, in conjunction with the Administrator, based upon the needs of the Township.
A. 
Application for a license issued under this chapter shall be made upon forms prepared and made available by the Chief of Police. The application shall state the following information:
(1) 
The location and description of the wreckers owned by the applicant.
(2) 
That the applicant has available space at this garage within the Township of West Milford for properly accommodating and protecting all disabled motor vehicles to be towed from the place where they are disabled, and that the disabled vehicles will not be stored or allowed to remain on public property or any street or property in the Township which is not permitted by the present Zoning Ordinance for such storage. A letter must be obtained from the Zoning Administrator indicating his approval. All storage areas shall be fenced to screen and protect said vehicles. Such storage areas shall be verified on a property survey.
(3) 
Description of vehicles for which the permit is desired, including year, make, model, type, color, and vehicle identification number; length of time the vehicle has been in use; and any other information which the Chief of Police shall deem necessary or proper.
(4) 
The application shall have affixed thereto an affidavit, to be sworn to by the applicant, that all of the information given in the application is true and correct.
B. 
Upon this chapter becoming effective, applications shall be received during the thirty-day period immediately following and shall be acted upon in accordance with the other provisions of this regulation. Thereafter, applications shall be received prior to December 1 for processing prior to January 1.
A. 
Within 30 days after the receipt of an application, the Chief of Police shall cause an investigation to be made of the applicant and his proposed business operation and shall make or have made an inspection of the vehicles. All applicants and/or operators shall be checked for a criminal history with the New Jersey State Police Bureau of Identification.
B. 
The Township of West Milford recognizes that the contractor must be trustworthy in that he is safeguarding autos belonging to others. Therefore, in the best public interest, the Township may disqualify anyone that has been convicted of a crime within the past 10 years, which crime would indicate that the contractor or his employees may not be responsible to perform in the best interests of others. Such crimes would include but not be limited to car theft, stealing of car parts, breakins, thefts, etc. The Township of West Milford may waive these standards if it is deemed to be in the best interest of the Township.
C. 
If the contractor or his employees are found guilty of any such crime during the term of the permit, the permit may be canceled by the Township for the reasons aforesaid. The contractor shall notify the Police Department in writing of any criminal charges that may become pending against him or his employees during the term of the permit.
D. 
The Police Department reserves the right to investigate at any time the contractor or anyone employed by the contractor for the purpose of fulfilling the contract herein.
E. 
The Chief of Police may delegate the inspection of the vehicle to a person or persons, who shall make such an inspection and who shall report to the Chief of Police whether the wrecker is in a thoroughly safe and sanitary condition and complies with the requirements and standards of this chapter, as given herein. Upon completion of the investigation and inspection, the Chief of Police shall either refuse to approve the application or shall approve the application in accordance with the standards given herein, and shall inform the applicant of his decision. If the application is approved, the applicant shall supply the Chief of Police with the insurance policies or certificates as required. Upon receipt of the policies or certificates, the Chief of Police shall make appropriate notations on the application and shall notify the Administrator that the application has been approved. He shall maintain a file of the aforementioned documents.
[Amended 9-1-2004 by Ord. No. 2004-6]
[Amended 5-20-2020 by Ord. No. 2020-008]
The Chief of Police may approve an application when he finds that the following requirements have been met by the applicant:
A. 
The insurance policies as required have been procured and supplied.
B. 
The applicant and proposed operators are qualified to operate the wrecker and conduct a wrecker service in the Township. Permit holders will be required to submit a list of operators and their legal addresses and keep the Police Department informed of any changes.
C. 
The requirements of this chapter and all other laws, statutes and ordinances have been met.
D. 
The vehicles have been properly licensed and conform to the State Motor Vehicle Laws.
E. 
The wrecker or tow truck to be approved, on inspection, meets the required minimum standards set forth herein.
The following shall serve as a minimum standards for wreckers:
A. 
A wrecker shall be able to handle all makes of passenger cars and small trucks, such as pickups and small panel trucks up to 1 1/2 tons, and must have or be equipped with the following:
(1) 
All wreckers shall be a minimum of 3/4 ton according to the manufacturer's specifications and shall be dual rear wheels or the equivalent.
(2) 
A power take off 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 3/8 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 hazard flashing lights.
(6) 
A 300° rotating amber beacon light mounted over the cab or approved light bar.
(7) 
All lights shall be of such candlepower in intensity as to be visible 1/4 of a mile away.
(8) 
All towing company drivers will carry their business cards and must give it to the owner/driver of the vehicle to be towed.
(9) 
All companies will have the company name, address, and phone number permanently affixed in letters and numbers on both sides of the wrecker prior to said wrecker being used on any Township rotation calls. The letters and numbers shall be a minimum of three inches in height.
(10) 
The wrecker shall be equipped with sufficient equipment to clean up the debris on the highway. The operators must clean away the debris at the scene. All wreckers shall be equipped with a fire extinguisher.
A. 
No wrecker shall be issued a license unless the wrecker has been approved and the following insurance policies or certificates of insurance specifically naming the Township as an insured party are filed with the Chief of Police:
(1) 
Garage keeper's policy. A garage keeper's legal liability policy covering fire, theft and explosion in the minimum amount of $50,000 and collision coverage subject to $500 deductible, with each accident deemed a separate claim.
(2) 
Garage liability policy. A garage liability policy covering the operation of the applicant's equipment or vehicles for any bodily injury or property damage. This policy shall be in the amount of $500,000.
B. 
Each policy required herein must contain an endorsement providing 10 days' notice to the Township in the event of any material change or cancellation for any cause.
C. 
In the event the policy is changed so as to fail to conform to the above requirements, or if any policy of any approved wrecker is canceled for any reason, the Chief of Police shall notify the person responsible for the policy, and it shall be corrected or reinstated or replaced with a conforming policy within 10 days after the notice is received and before the date of cancellation. If the policy or certificate is not corrected, reinstated, or replaced within the required time, the Chief of Police shall immediately suspend the wrecker's license.
The Chief of Police shall issue to the person holding a license a card, in such form as may be set by the Chief of Police, which shall at all times be displayed on the passenger side of the rear window of each wrecker. The card shall bear the name of the owner, the rate of the charges, and a notice that in case of complaint the complainant may notify the Chief of Police, giving the license number of the wrecker.
A. 
The Chief of Police is hereby authorized to establish reasonable rules and regulations for the inspection and operation of wreckers and for the design, construction, maintenance and conditions for the safe conduct of a wrecker service business, in accordance with the standards outlined in this chapter. The Chief shall maintain due vigilance over all wreckers to see that they are kept in a safe condition for transporting and hauling disabled vehicles and shall have the right at all times to inspect all licensed wreckers. If at any time the Chief of Police shall find any equipment inadequate or unsafe, he shall have the power to demand immediate correction, and if not corrected to the satisfaction of the Chief, he shall have the power to revoke or suspend the license and schedule a hearing, depending upon the nature and circumstances of the violation.
B. 
The Chief of Police is hereby authorized and empowered to establish from time to time such additional rules and regulations, not inconsistent herewith, as may be reasonable and necessary in carrying out the provisions of this regulation.
[Amended 9-1-2004 by Ord. No. 2004-6]
An appeal to the Police Chief's ruling shall be filed with the Township Administrator within 10 calendar days of the Chief's decision. A hearing may be held within 30 calendar days of the filing, with a ruling forthcoming from the Administrator within 20 calendar days of the final hearing.
The Chief of Police shall keep a record of names of all persons holding a license together with the license number and description of the wreckers and the date and complete record of inspection made of them.
[Amended 12-16-2009 by Ord. No. 2009-030]
Charges for transportation, hauling or service of disabled vehicles by an approved wrecker or operator of any approved wrecker shall not exceed the following rates:
A. 
The basic towing and storage fee schedule shall be that set by the Township and listed in Chapter 135, Fees and Costs, specifically § 135-37B, and updated periodically along with the additions and exceptions to same contained in this chapter. A schedule of the current rates shall be available to the public in the office of the Township Clerk during normal business hours.
B. 
Mileage rate. The mileage rate shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return by way of the shortest available route. The tow operator will transport the vehicle anywhere in the Township at the request of the owner/operator. Vehicles transported solely within the Township are subject to a twelve-mile maximum charge.
(1) 
If the owner/operator requests the vehicle be transported out of the Township, the towing service shall receive payment for the additional miles traveled.
(2) 
On request, towers shall provide this service for a minimum of five miles beyond the Township line. Towing beyond this point may be refused if service to the Township could be affected.
C. 
When towing services are required, the current rates apply.
(1) 
Labor. The labor rate is chargeable in quarterly hour increments after the first 1/2 hour. This rate includes waiting time, winching, uprighting, etc., for all automobiles. There shall be no charge for cleanup of common motor vehicle accident debris.
(2) 
Special recovery. Fee unlisted, but chargeable only after first hour of labor except when the need for specialized equipment is readily apparent.
D. 
Special circumstances.
(1) 
If the owner of an unattended vehicle to be towed appears on the scene, and providing that the vehicle does not need to be towed or impounded, the towing contractor shall make no charge. However, if the vehicle is hooked up to the towing truck, the vehicle shall be released at the scene of impound upon the payment of 50% of the authorized towing charge.
(2) 
There shall be no charge for towing, storage or impoundment if it is determined by the Police Chief or his designee that such vehicles have been towed, stored or impounded due to an error by the tow truck operator. This determination shall be at the sole discretion of the Police Chief or his designee, and is binding upon the contractor. The contractor shall make no claims for payment upon the owner of the vehicle, and, if payment has already been received, the payment shall be returned.
The Township of West Milford believes there will be occasions that require the contractor to provide services for the Township. The contractor can charge the hourly rate as set forth in § 366-13C(1). Each call by the West Milford Police Department for such service shall be a minimum of one hour per call. This is the only occasion in which the Township of West Milford will be paying costs directly to the contractor. This municipal expenditure is subject to municipal budgeting law. It is expressly noted that the Township shall only pay the hourly rate. Such hourly rate will include all labor and unlimited towing. The Township agrees that the hourly rate will commence when the tow vehicle leaves the contractor's location and will include the return trip to the contractor's location. This service shall include but not be limited to jump starts and change of flat tires of police and other vehicles.
A. 
Every license holder shall give the owner of the vehicle a written receipt for the fee paid. Copies of receipts shall be maintained by the owner for two years and available for inspection by authorized Township officials.
B. 
Every license holder shall file a report in a form acceptable to the Chief of Police by the 15th day of the month next following the wrecker's rotating assigned month. Said report shall contain the following information as a minimum:
(1) 
Identification of the vehicle towed, location of the vehicle towed and destination.
(2) 
Number of calls per month and breakdown of charges applied per call.
(3) 
A complete list of all unclaimed vehicles from prior months, including the vehicle identification number and date of tow.
C. 
Any license plates removed by the contractor shall be returned to the Division of Motor Vehicles, receipts shall then be returned to the Township of West Milford.
A wrecker license hereunder shall be issued subject to the following conditions:
A. 
No person shall seek employment by driving his wrecker to and fro in a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways.
B. 
No person owning or operating a wrecker shall engage in cruising.
C. 
No person owning or operating a wrecker licensed under this chapter shall permit or invite loitering within or near the wrecker.
D. 
No person shall solicit or attempt to divert prospective patrons of another wrecker nor shall he solicit or divert prospective patrons of a given garage in the Township to another garage.
E. 
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 § 366-13.
F. 
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.
G. 
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 vehicle from the scene.
A. 
Regular towing service.
(1) 
Every person holding a license shall keep a record of all details of each disabled vehicle towed, serviced, or transported, together with full information concerning the service and the fee charged.
(2) 
This record shall indicate the date of towing, location and the name and address of the owner and/or driver of the disabled vehicle. The record book herein described shall be kept open for inspection at all times by the Chief or any duly authorized representative of the Chief.
B. 
Vehicles impounded by the Police Department. All companies on the towing list shall maintain a record regarding all vehicles impounded at the request of the West Milford Police Department. For example, abandoned vehicles, recovered stolen vehicles, or vehicles held for investigation by the Department. This record shall be made available to any police officer for inspection upon request and shall contain the following information:
(1) 
The date, time, location, and name of the wrecker driver who towed the vehicle at the Department's request.
(2) 
The name of the police officer who requested the vehicle be impounded.
(3) 
The physical location of the vehicle after being towed.
(4) 
Identification of the impounded vehicle to include make, year, model, vehicle identification number, license number and name of registered owner, if known.
(5) 
A vehicle impounded by the police shall not be released without a written tow order release form authorizing said release.
(6) 
A written record shall be kept or maintained by the towing service indicating the name of the person releasing the vehicle, the type of proof of ownership presented, and the name of the person receiving said vehicle.
C. 
It shall be the responsibility of the towing company to obtain proper proof of ownership and identification prior to the release of any vehicle. Release of any vehicle to an unauthorized person by the towing company shall result in liability against such company.
Wreckers licensed to perform towing service under this chapter shall perform on a rotating basis, which rotating list shall be limited to those approved wreckers having their garage in the Township of West Milford. The Chief of Police is hereby authorized to establish a system of rotation in the assignment of wreckers in the area. Wreckers shall be assigned from the rotating list only. No person shall respond to the scene of an accident except upon notification by the officer in charge of police headquarters or upon request of the driver or owner of the disabled vehicle.
The Police Department shall be responsible for notifying the owner of an abandoned vehicle towed under this chapter that his vehicle has been towed to the impound area. In the event a towed vehicle is not removed within seven days by the owner, the towing company shall be responsible for notifying the Police Department of said situation. Failure of the contractor to notify the Police Department as stated herein shall limit the storage charge to seven days only. Thereafter it shall be the obligation of the contractor to contact the owner or operator of a stored vehicle and furnish proof to the Department that such attempt has been made. Failure to notify the owner or operator shall cause the storage charges to end at 30 days. After an attempt to make contact or if contact is made, storage charges will begin again for another 30 days. This procedure shall be followed until storage fees reach a maximum of 90 days.
A. 
The Township of West Milford Police Department shall, at its sole judgment and uncontrolled discretion, arrange for public sale of any vehicle which has been the subject of impoundment or when the owner has failed to receive same. Such public sale shall be in accordance with New Jersey State law.
B. 
The Township of West Milford will not sell any vehicle without having first received the proper authorization for the sale as required by the New Jersey Division of Motor Vehicles in accordance with state law.
C. 
The proceeds from the sale of each vehicle shall be applied to the payment of any towing and storage charges due per said vehicle sold. Any surplus funds per each vehicle shall be disposed of according to law. If the proceeds from such sale of a vehicle are insufficient to pay the accrued towing or service charges for that vehicle, the contractor agrees that there shall be no further liability of the Township of West Milford to pay same (and any excess amounts which may be due shall be waived).
D. 
If no bids are received on a vehicle, then the contractor shall receive title of such vehicle in lieu of any fees.
A license fee, as set forth in Chapter 135, Fees and Costs, shall be paid prior to the issuance of any license under this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).