[HISTORY: Adopted by the Township Council
of the Township of Howell 12-23-1974 as Sec. 4-7 of the 1974 Code. Amendments noted where applicable.]
Certain words, phrases and terms in this chapter
shall have the following meanings:
Shall not be included in standard tow. This fee is for post-accident
service, to include insurance inspection, telephone calls or faxes,
removal of personal items and additional paperwork. This shall be
assessed only one time per vehicle.
[Added 12-19-2006 by Ord. No. O-06-58; amended 5-1-2007 by Ord. No. O-07-17]
A licensed junkyard or auto body repair shop in the Township
of Howell or a service station or public garage in the Township of
Howell which has a temporary storage facility for disabled or abandoned
vehicles in accordance with the Howell Township Land Use Ordinance.
When someone other than the Howell Township Police Department
requests a towing agency's service for the purpose of removing a vehicle.
This could include, but is not limited to, the owner or operator of
a vehicle or the owner or authorized agent of private property.
[Added 12-19-2006 by Ord. No. O-06-58]
Any truck, omnibus or other vehicle weight 15,001 pounds
GVWR or greater, or any over-height or over-width vehicle.
[Added 10-26-2021 by Ord. No. O-21-30]
Any commercially manufactured hydraulic wrecker and chassis
having a gross vehicle weight rating of at least 33,000 pounds GVWR
and which complies with the provisions of this chapter.
[Added 10-26-2021 by Ord. No. O-21-30]
As specified in the current Manual on Uniform Traffic Control
Devices.
[Added 10-26-2021 by Ord. No. O-21-30]
Any passenger automobile, station wagon, pickup truck or
panel truck up to 15,000 pounds GVWR, or any motor scooter, motorcycle,
or all-terrain vehicle.
[Added 10-26-2021 by Ord. No. O-21-30]
Any commercially manufactured wrecker and chassis having
a gross vehicle weight rating of at least 10,000 pounds GVWR and which
complies with the provisions of this chapter.
[Added 10-26-2021 by Ord. No. O-21-30]
Shall include the Towing and Recovery Association of America,
WreckMaster, and the Garden State Towing Association.
[Added 10-26-2021 by Ord. No. O-21-30]
When the Howell Township Police Department contacts the towing
agency to remove and/or impound a vehicle at the request of the Howell
Township Police Department.
[Added 12-19-2006 by Ord. No. O-06-58]
The person, firm or corporation which owns or leases and
operates or causes to be operated a tow truck and includes the words
"owner" and "permittee."
The time the operator receives the telephone call from Howell
Headquarters until the time the operator arrives on scene.
[Added 12-19-2006 by Ord. No. O-06-58]
A response to a motorist to provide aid for the changing
of flat tires and/or providing fuel.
[Added 5-1-2007 by Ord. No. O-07-17]
The disbursement of an agent used to absorb liquid spills
from vehicles.
[Added 12-19-2006 by Ord. No. O-06-58]
The vehicle is winched on a flatbed without additional effort.
The vehicle will be towed from scene to the tow company storage facility.
[Added 12-19-2006 by Ord. No. O-06-58; amended 5-1-2007 by Ord. No. O-07-17]
A motor vehicle employed for the purpose of towing, transporting
or otherwise carrying other motor vehicles referred to in this chapter
as either "tow truck" or "wrecker."
Any vehicle having a gross vehicle weight exceeding four
tons (8,001 pounds) or more.
[Added 12-19-2006 by Ord. No. O-06-58]
Any automobile truck, trailer, motorcycle, minibike, moped,
go-cart, bus, farm equipment, or any other mechanically powered conveyance
which shall be or become disabled or which is required to be removed
from the scene of a crash, or the removal of which is necessary in
order to safeguard the public health, safety and welfare. Vehicle
weight must be less than four tons (8,001 pounds).
[Added 12-19-2006 by Ord. No. O-06-58]
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery.
[Added 12-19-2006 by Ord. No. O-06-58]
The process of moving a vehicle by the use of the cable from
a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier. It is neither lifting a motor vehicle
with a conventional tow sling, nor pulling it with a chain hooked
to a wrecker.
[Added 12-19-2006 by Ord. No. O-06-58]
This chapter shall apply to Howell Township
and the Borough of Farmingdale operators seeking to be enrolled on
the rotating call list described herein.
No operator shall be eligible for inclusion
on the rotating call list described in this chapter unless such operator
shall obtain a permit from the Chief of Police for each tow truck
which will respond to towing calls from the Howell Township Police
Department.
Applications for permits under this chapter
shall be made on forms secured from the Township Clerk. The application
shall include the following information:
A.
The full name and address of the operator and, if
a corporation, the names and addresses of all officers and shareholders.
B.
The description by make, model, license number, year,
gross vehicle weight, vehicle identification number, and color as
well as proof of the applicant's ownership of, or legal interest in,
each wrecker or tow truck for which a permit is requested.
[Amended 10-26-2021 by Ord. No. O-21-30]
C.
The address at which each such tow truck will be principally
kept.
D.
The address and Tax Map lot and block number of the
authorized storage facility to which towed vehicles will be taken
and at which they will be stored. In the event that the applicant
does not own or control such an authorized storage facility, the applicant
shall present an agreement by a person who does own or control such
an authorized storage facility that the applicant has permission to
store towed vehicles at that facility; said agreement shall be for
a term of not less than the period of validity of the permit or permits
sought.
E.
The names, addresses, and drivers' license numbers
of all drivers of tow trucks for which permits are sought.
F.
The telephone numbers at which the police may summon
a tow truck at any time of day.
G.
Copies of required insurance policies or certificates
of insurance.
[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]
A.
Any permits issued for the year 2021 and that are
in effect on December 31, 2021, shall remain in effect until June
30, 2022, and shall be subject to the renewal provisions and requirements
set forth herein.
B.
Separate permits shall be issued for light-duty wreckers
and heavy-duty wreckers.
C.
Each permit shall commence on July 1 and terminate on June 30 of
the following year.
D.
Applications for new permits shall be filed no later than May 31
of the year for which the permit is sought.
E.
No permit issued pursuant to this chapter shall be transferable,
and upon cessation of activity under the permit through revocation
or otherwise, the permit shall be null and void.
[Added 10-26-2021 by Ord. No. O-21-30]
A.
If a permittee
owns or has an interest in multiple motor vehicle businesses which
employ tow trucks, only one such business shall be eligible for inclusion
on the list. In furtherance of providing a fair opportunity to all
permittees, this limitation shall apply regardless of whether each
separate business' business is capable of providing the towing and
storage services set forth in this chapter.
B.
Equipment.
(1)
Light-duty
wreckers shall, at a minimum, have the following:
(a)
A 360-degree rotating amber beacon or an approved light bar. An up-to-date
State of New Jersey amber light bar permit must accompany the beacon
or light bar.
(b)
A broom, shovel, absorbent material and sufficient equipment to clean
up any debris on the roadway.
(c)
A three-eighths-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 tow truck.
(d)
All lights shall be of such candlepower and intensity as to be visible
1/4 mile away.
(e)
The company name, address and telephone number permanently affixed
on both sides of the tow truck. The letters and numbers shall be a
minimum of three inches in height.
(f)
Commercial motor vehicle plates.
(g)
A power take-off controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
(h)
Two-way radio and/or a cell phone.
(i)
Approved wheel chokes.
(j)
Four tie-down chains or grab hooks.
(2)
Heavy-duty
wreckers shall comply with the requirements for light-duty wreckers
and shall, at a minimum, also have the following:
(a)
Dual rear wheels.
(b)
Power take-off controlled winch with a minimum cable thickness of
5/8 inch.
(c)
Four double-faced rear-flashing amber lights mounted high enough
to be seen over the towed vehicle.
(d)
One-half-inch safety chain. The lift chain and safety chain are not
to be attached in any form or manner to the same part of the tow truck.
(e)
Air brakes.
(f)
Connecting airlines for connection with the air compressor and air
brake lines of the towed vehicle.
(g)
Detachable amber flashing bar lights to be attached to the rear of
the towed vehicle.
(h)
Two-speed rear axle and differential or dual transmission or five-speed
transmission.
(i)
The operator must clear away debris at the scene.
(3)
All
permit holders for the term of the permit will have at least one of
each of the following:
C.
Personnel.
(1)
Towing
operators and employees shall be fully trained and knowledgeable in
the operation of all required equipment, possess in good standing
all of the licenses and certifications required, must be competent
to provide minimum road services for disabled vehicles and obey all
traffic laws.
(2)
Each
driver of a wrecker must possess a certification from a nationally
recognized towing organization to be determined by the Chief of Police
or his designee. Each newly hired driver must obtain such certification
within six months of their date of hire. Additionally, each driver
must possess a commercial driver's license and must comply with 49
CFR 391.51.
(3)
All
drivers must maintain their certifications and have satisfactorily
completed training courses within the preceding five years.
D.
Location.
To the extent possible, towing operators shall be located in a geographic
area that enables a response time of 20 minutes under normal circumstances.
E.
Land use.
(1)
All
facilities and sites used by towing operators must comply with all
applicable zoning regulations, land use approvals, construction permits,
and property maintenance and safety codes.
(2)
Failure
to obtain and comply with all requisite approvals and conditions thereof,
or to rectify any violations as required by the appropriate enforcement
authority, shall result in suspension or revocation of the licenses
as provided herein.
[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]
A.
The Chief of Police or his designee shall cause an
investigation to be made of each applicant, his business location,
authorized storage facility and the vehicles for which permits are
sought. The towing operator and all drivers will be subject to background
investigations by the Howell Township Police Department or Morpho
Trak, Inc. Upon completion of the local investigations and inspections
called for in this chapter, the Chief of Police shall either issue
the permits applied for or, if such permit is refused, the Chief of
Police shall inform the applicant of the denial and the specific reasons
therefor.
B.
The permit shall be issued by the Chief of Police
when he finds that the applicant has complied with the following requirements:
(1)
All
requirements of this chapter and other ordinances of the Township
of Howell and the laws of the State of New Jersey.
(2)
The
tow trucks have been properly licensed and conform to the laws of
the State of New Jersey.
(3)
The
tow trucks to be approved met the requirement minimum standards set
forth herein.
C.
Rejection of applications; appeals.
(1)
Applications
for towing licenses may be rejected on any or all of the following
grounds:
(a)
A permit shall not be issued for any wrecker or tow truck owned,
leased, managed, or operated by a person convicted of a crime of moral
turpitude.
(b)
Failure to comply with the requirements of this chapter and other
ordinances of the Township of Howell or the laws of the State of New
Jersey.
(c)
Repeated or egregious violations of the requirements of this chapter
during previous service as a tower for Howell Township.
(d)
Repeated complaints from the general public of inadequate or unsatisfactory
service or improper or illegal practices during previous service as
a licensed tower for Howell Township that are substantiated and documented
by the Police Department.
(e)
Fraudulent or illegal activity of any kind.
D.
If a permittee or applicant hires an employee after
an application is submitted, the tow company shall immediately notify
the Howell Police Traffic Safety Unit. Said new employee must submit
to a background check within 30 days of their hire date and must pass
the background check prior to performing towing services for the Township.
E.
If a permittee or applicant acquires a vehicle to be used for towing
purposes after an application is submitted, the Howell Police Traffic
Safety Unit must be notified within 30 days of the vehicle's acquisition.
The Howell Police Traffic Safety unit must approve of the vehicle's
compliance with the requirements of this chapter and ordinances of
the Township of Howell and the laws of the State of New Jersey prior
to it being used for towing services in the Township.
[Amended 12-19-2006 by Ord. No. O-06-58]
A.
Each permittee shall execute an indemnification agreement
indemnifying the Township of Howell and holding it harmless from any
and all claims arising directly or indirectly from the actions of
the permittee.
B.
Each permittee shall obtain and keep in effect the
following policies of insurance naming the Township of Howell as an
additional insured:
(1)
Workers' compensation insurance as required by the
State of New Jersey.
(2)
A garage keeper's liability insurance policy as set
forth in N.J.S.A. 39:3-84.8, but not less than $100,000.
[Amended 5-1-2007 by Ord. No. O-07-17]
(3)
Automobile liability insurance policy as set forth
in N.J.S.A. 39:3-84.8 and currently established in an amount not less
than $1,000,000.
[Amended 5-1-2007 by Ord. No. O-07-17]
C.
Each permittee shall have his/her insurance agent
submit a certificate of coverage to the Township of Howell. The Township
shall be listed as an additional insured.
D.
If an operator to whom a permit has been issued fails
to keep the required insurance in effect, the Township of Howell may
immediately suspend the permit issued and may take the permit from
the operator and any device identifying the permit.
E.
Annual renewal:
(1)
Certificates of insurance must be submitted to the
Township of Howell prior to the renewal date.
(2)
Insurance carriers shall notify the Township of Howell
immediately if a policy is cancelled.
(3)
The insurance carrier shall make written notification
to the Township of Howell of any changes in insurance coverage at
least 10 days prior to the change.
[Amended 12-19-2006 by Ord. No. O-06-58; 5-1-2007 by Ord. No. O-07-17]
The Police Department shall issue to each approved
tow truck a permit, in such form as may be determined by the Police
Department, which shall at all times be displayed on the inside of
the rear window behind the driver's side. The permit shall bear the
name of the operator of the tow truck, the license number of the tow
truck, and the expiration date of the permit and the signature of
a representative of the Police Department.
[Amended 12-19-2006 by Ord. No. O-06-58]
A.
The Township of Howell shall be permitted, at periodic
times and intervals, to inspect all towing apparatus and all aspects
of the operation to insure the maintenance of conditions necessary
for the safe conduct of a towing service business, in accordance with
the standards outlined in this chapter.
B.
All towing apparatus shall be maintained in good working
order and meet minimum safety standards. If at any time the Township
of Howell shall find the equipment inadequate, unsafe or not in compliance
with the motor vehicle laws of the State of New Jersey, or in the
event that the operator fails to comply with the provisions of this
chapter, the Chief of Police or his designee shall notify the operator
to correct such deficiencies.
C.
The Township of Howell is also authorized and empowered
to establish from time to time such additional rules and regulations,
not inconsistent with this chapter, as may be reasonable and necessary
in effectuating and carrying out the provisions and intent of this
chapter.
D.
The Chief of Police or his designee determine that the terms of this section are being violated by a permittee or if he/she receives notice from the land use officer that a permittee is storing towed vehicles at an unauthorized location, the Chief of Police may revoke or suspend permits. All appeals shall be processed in accordance with § 306-11, Appeal.
[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]
The Chief of Police or his designee may give
notice to a towing operator of suspension or revocation, and said
notice shall contain a date upon which the Chief of Police or his
designee shall conduct a hearing not less than 10 nor more than 14
days from the date of the notice. After the hearing, the Chief's notice
of suspension or revocation may be given to the towing operator, who
shall additionally have the option of appealing the decision to the
Township Manager or their designee within 10 days of the date of service
of the Chief's decision. The Township Manager or their designee shall
conduct a hearing within 14 days of the notice of appeal, and the
Township may affirm, reverse, or modify any revocation or suspension
imposed by the Chief of Police or his designee.
The Chief of Police shall keep a record of the
names and addresses of all persons owning or operating tow trucks
and the date and complete record of inspection made of each vehicle.
[Amended 12-19-2006 by Ord. No. O-06-58]
A.
Storage facilities. Storage facilities shall have
normal business hours of at least 8:00 a.m. until 4:30 p.m., Monday
through Friday. The storage facility will additionally be open on
either Saturday or Sunday with the hours of operation from at least
8:00 a.m. until 12:00 noon. The storage yards will be closed on legal
federal holidays.
[Amended 10-26-2021 by Ord. No. O-21-30]
B.
Additional requirements.
[Amended 5-1-2007 by Ord. No. O-07-17]
(1)
All storage facility owners must apply for a certificate
of commercial occupancy for towing operation.
(2)
New storage facilities authorized after January 2007
must be paved or concrete. Storage facilities authorized before January
2007 that do not comply with this requirement must obtain site plan
approval from either the Planning or Zoning Board by January 1, 2009,
which shall review sites for compliance with NJDEP stormwater management
requirements, and the fee for said review shall be as provided in
the Fee Schedule.
(3)
All storage facilities must have a six-foot fence
surrounding the compound. The fence shall be chain linked with slat
inserts for privacy. The storage area must be secured with a locked
gate.
[Amended 10-26-2021 by Ord. No. O-21-30]
Any complaints and disputes arising from the
towing and storage of motor vehicles without the consent of the owner
shall be made in writing by the owner within 14 days of recovering
the motor vehicle and forwarding the same to the Chief of Police for
a resolution. Owners may appeal the Chief's decision to the Township
Manager who may affirm, reverse or modify the decision of the Chief.
The Township Manager in his discretion may forward the matter to Council,
if applicable, for final disposition.
[Amended 12-19-2006 by Ord. No. O-06-58]
A.
All permittees shall maintain a written record of
all nonconsent and consent towed vehicles from the Howell Township
Police Department. This record shall be made available to any police
officer for inspection upon request and shall contain the following
information:
(1)
The time, date, name of the tow truck driver who towed
the vehicle, and the location from which the vehicle was towed.
(2)
The location of the vehicle after being towed.
(3)
Identification of the towed vehicle, to include make,
model, year, color, license plate number, vehicle identification number
and name of the registered owner, if known.
(4)
Type of tow requested (impound, consent or nonconsent,
etc.).
(5)
Itemized bill of fees charged.
B.
After towing a vehicle to an authorized storage facility,
the permittee, upon request, shall make the vehicle available to any
authorized police officer of Howell Township Police Department for
a search, inventory, and/or an inspection of the vehicle and any or
all property.
C.
A vehicle impounded by the Howell Police shall not
be released without a written consent from the Howell Township Police
Department.
D.
A written record shall be kept by the permittee indicating
the name of the person receiving any vehicle that was towed by them,
the type of proof of ownership presented and the name of the person
releasing the property.
E.
It shall be the responsibility of the permittee 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 permittee may result in suspension or revocation of permits.
F.
At the request of the Howell Police Department, the permittee shall provide a copy of the invoice for each service performed by the permittee during any period specified in said request. Each invoice, at a minimum, shall contain the information required to be maintained by the towing company pursuant to § 306-16A(1).
[Amended 12-19-2006 by Ord. No. O-06-58; 10-26-2021 by Ord. No. O-21-30]
A.
The Chief of Police or his designee is hereby directed
to establish a system of rotation in the assignment of tow trucks
called the "rotating call list." The system shall be designed to provide
a fair opportunity for all permittees to participate in the towing
and storage of vehicles as authorized by this section. Tow trucks
shall be called to provide services by the Howell Township Police
Department from the rotating call list only. No operator shall respond
to the scene until requested by the Howell Township Police Department.
B.
The owner of the disabled vehicle must be informed,
if possible, of the tow truck service to be summoned prior to the
call. Should the owner decline the service of the tow truck on the
rotation call list, the owner may request an alternate service of
his/her choosing, which will be permitted if said service can respond
within 20 minutes, or such other reasonable time as may be permitted
by the HTPD under the circumstances.
C.
The authorized towers will be responsible for and
guarantee the following performance standards:
(1)
The permittee shall dispatch tow trucks immediately
upon receipt of notification from the Police Department and shall
ensure that the tow truck arrives at the scene requested within 20
minutes of the giving of such notification.
(2)
In the event the permittee, when called upon to respond
by the Police Department, is unavailable or is unable to respond,
the Police Department shall be authorized to call upon another towing
service operator, who may or may not be covered by this chapter, to
respond to provide the needed service or services.
(3)
The permittee shall not respond to the scene of a
crash or call for service, except upon notification by the Police
Department or upon the request of the driver or owner of the vehicle
concerned.
(4)
The Howell Township Police Department reserves the
right to call upon any towing operator other than any permittee covered
by this chapter in the event that, in the opinion of the Police Department,
special equipment and/or services not maintained by a permittee are
necessary for the prompt, efficient and/or safe removal, storage and/or
inspection of the vehicles concerned. This is particularly with reference
to serious/fatal motor vehicle crash investigations, criminal investigations,
stolen vehicles, construction equipment or vehicles presenting special
emergent or hazardous circumstances, such as vehicles carrying toxic,
flammable, explosive or environmentally sensitive material. The Police
Department shall also determine the location where these vehicles
will be stored.
(5)
The Howell Township Police Department reserves the
right, in circumstances when more tow trucks are required at any given
scene, to call upon one or more tow trucks to respond to the scene,
when necessary, to protect the public health, safety and welfare.
[Amended 12-19-2006 by Ord. No. O-06-58]
Each application for a permit or renewal of a permit shall be accompanied by a fee as set forth in Chapter 139, Fees. If the application is rejected, 1/2 of said application fee shall be returned to the applicant.
[Amended 12-19-2006 by Ord. No. O-06-58; 5-1-2007 by Ord. No. O-07-17]
A.
Each permittee will submit to the Police Department
on a monthly basis a list of all vehicles that have been held in its
yard for a period of 30 days or more. The Police Department will make
the final decision as to which type of title application will be applied
for. This action shall apply only to non-consent towed vehicles, which
were towed at the request of the Police Department.
B.
All fees incurred for the application of said titles
and all public notifications will be the sole responsibility of the
Township of Howell.
C.
Removal of vehicles, and all fees incurred with said
removal, shall be the responsibility of the permittee (i.e., removal
of stored vehicle to a salvage yard).
D.
Any fees collected in excess of any outstanding bills
by the permittee, shall be directly deposited in the general account
of the Township of Howell.
E.
Nothing contained herein shall supersede N.J.S.A.
39:10A(1) through (5).
[Added 12-19-2006 by Ord. No. O-06-58]
A.
The Howell Township Police Department shall have the
authority to discipline tow operators for misconduct or unprofessionalism
during the course of operation for the Howell Township Police Department.
The offense must be investigated and the tow operation must be found
to be at fault.
(1)
First offense: The tow operator shall receive a verbal
warning.
(2)
Second offense: The tow operator shall receive a written
warning.
(3)
Third offense: The tow operator shall be suspended
from towing for a time to be determined by the Chief of Police.
(4)
Fourth offense: The tow operator shall be removed
from the Howell Township rotating list indefinitely.
B.
If an
offense is minor in nature, for example, the operator is late to call,
does not have the equipment specified, is unable to complete the job,
is not wearing an approved reflective vest, etc.:
[Added 10-26-2021 by Ord. No. O-21-30[1]]
(1)
First
offense. The tow operator shall receive a written warning.
(2)
Second
offense. The tow operator shall be suspended from towing for a time
to be determined by the Chief of Police.
(3)
Third
offense. The tow operator shall be suspended from towing for a time
to be determined by the Chief of Police.
(4)
Fourth
offense. The tow operator shall be removed from the Howell Township
rotating list indefinitely.
[1]
Editor's Note: This ordinance also redesignated former Subsection
B as Subsection D.
C.
If an
offense is criminal or egregious, the Township, upon recommendation
by the Chief of Police, reserves the right to impose discipline, up
to and including termination.
[Added 10-26-2021 by Ord. No. O-21-30]
