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.
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.
[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.
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.
[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 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.
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 license fee, as set forth in Chapter
135, Fees and Costs, shall be paid prior to the issuance of any license under this chapter.