[Amended 2-3-2009 by Ord. No. 2-09]
There is hereby established a rotating list
of towing and storage contractors authorized to provide vehicle towing
and storage services as required by the Township of Brick. The rotating
list shall not exceed 12 towing and storage contractors in number.
The Chief of Police shall be responsible for the administration of
the rotating list. Nothing in these rules and regulations shall be
construed so as to prevent any owner or operator from selecting his
own towing service from the approved rotational towers list.
As used in this chapter, the following terms
shall have the meanings indicated:
APPROVED REFLECTIVE SAFETY VEST
A safety vest that meets the requirements of ANSI/ISEA 107;
2004 Edition, class 2 or 3, per 23 CFR 634.
[Added 2-3-2009 by Ord. No. 2-09]
APPROVED SECONDARY TOW OPERATORS
A tow operator not included on the eligible rotational list but permitted to provided towing services when all eligible members of the tow rotational list are unavailable or unable to provide the services. Approved secondary tow operators shall be required to comply with the provisions of §§
437-5 and
437-7.
BASIC TOWING SERVICES
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility or off a roadway that does not require a recovery.
DISABLED VEHICLE
A vehicle which has been abandoned, impounded or rendered
inoperable as a result of a mechanical failure, involvement in an
accident or criminal activity. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purposes of this chapter.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage area
or at a Township facility as a result of abandonment, involvement
in an accident or suspected criminal activity.
INSIDE BUILDING STORAGE FACILITY
A vehicle storage facility that is completely indoors, having
one or more openings or storage bins in the walls for the storage
of vehicles, and that is secured by a locking device on each bin or
opening.
OUTSIDE SECURED STORAGE FACILITY
A vehicle storage facility that is not completely indoors
and that is secured by a fence, wall or other man-made barrier that
is at least six feet in height. The towing operator shall provide
adequate storage area sufficient to store 20 vehicles. Outside storage
facilities shall also maintain adequate lighting to protect stored
vehicles from vandalism. This facility shall be inaccessible to the
public at all times.
OWNER
A person, firm, corporation or partnership who owns and/or
operates a vehicle on the roads and highways within the Township of
Brick, which vehicle, by reason of being disabled or abandoned on
the roads and highways of the Township, requires towing and/or storage.
RECOVERY
Any operation which requires the recovery of a vehicle from
a position beyond the right-of-way, being uprighted, or from being
impaled upon any other object within the right-of-way by several actions
which may include but not be limited to winching and rigging. A recovery
shall be when a towing operator applies his/her knowledge in a skillful
manner to preserve the condition of the motor vehicle while moving
the damaged motor vehicle to a towable position.
TOW OPERATORS
A person, firm, corporation or partnership engaged in the
business of providing towing, road and storage services for vehicles.
WINCHING
Any operation in which a vehicle is moved onto a roadway,
from a position substantially off the roadway, or any operation in
which substantial work is required to prepare a vehicle for normal
towing.
Motor vehicles which are stolen, abandoned,
involved in a crime or involved in fatal accidents or accidents which,
in the judgment of the police, may become fatal shall be considered
police impounds. Such vehicles shall be covered by a tarp when requested
by police. Police impounds shall be towed to either the towing operator's
storage area or a location designated by the police. Police impounds
shall not be released, entered or photographed without prior police
approval.
No license shall be issued to a towing operator
who does not possess at his place of business for utilization in his
business the following equipment, which shall bear a manufacturers
ID plate containing the below-required ratings information or otherwise
be rated and certified by a national testing company. Said equipment
shall be inspected by the Chief of Police or his authorized representative
prior to license being issued.
A. Wrecker requirements.
(1) At least one four-ton or larger boom capacity wrecker
with boom and drum capable of being operated from inside or outside
the wrecker, having a minimum rating of four tons; drums to have a
minimum of 100 feet of cable at least 3/8 inch in diameter with a
recommended working limit of a minimum of 7,000 pounds; recommended
gross vehicle weight of truck or chassis of 10,000 pounds or greater;
and dual rear wheels maintained and equipped at least in accordance
with manufacturer's specifications; equipped with emergency warning
lights with permit.
(2) The name, address and telephone number of the contractor
painted or permanently attached to both sides of the tow vehicle in
compliance with state law.
(3) Safety equipment to be carried on tow trucks on call
shall include the following:
(a)
One universal towing sling.
(b)
Five gallons of Speedy dry absorbent.
(e)
One snatch block for three-eighths- to one-half-inch
cable.
(f)
Two high-test safety chains.
(g)
Auxiliary safety light kit to place on rear
of towed vehicle.
(h)
Tool box with assortment of hand tools and emergency
pry bars.
(j)
Fire extinguisher, ABC rated.
(k)
Steering-wheel lock or tie down.
B. Flatbed requirements.
(1) At least one flatbed or car carrier with at least
a one-car capacity equipped with emergency warning lights with permit.
(2) The name, address and telephone number of the contractor
painted or permanently attached to both sides of the tow vehicle in
compliance with state law.
(3) Safety equipment to be carried on tow trucks on call
shall include the following:
(b)
Five gallons of Speedy dry absorbent.
(e)
One snatch block for three-eighths-to one-half-inch
cable.
(f)
Two high-test safety chains.
(g)
Auxiliary safety light kit to place on rear
of towed vehicle.
(h)
Tool box with assortment of hand tools and emergency
pry bars.
(j)
Fire extinguisher, ABC rated.
C. Equipment must meet applicable state standards and
shall be subject to annual inspection by the Township or when deemed
necessary by the Brick Police Department.
It shall be the responsibility of the Chief
of Police or his designee to review all applications for towing operators
to be utilized on a rotational basis for the purpose of providing
emergency towing, road and storage services to the owners of motor
vehicles utilizing Township roads. All towing operators shall submit
written documentation that they are in compliance with the qualification
requirements set forth below:
A. The fee for the license issued under this chapter
shall be $325, paid on receipt of said license from the Township Clerk.
The license shall remain valid from January 1 to December 31 of each
year. It may be renewed annually by the operator by paying a fee of
$325, provided that the operator continues to comply with all the
terms and conditions of this chapter.
B. All towing businesses shall be located within the
Township of Brick so as to insure a quick and safe response to calls
as needed, to provide reasonably priced services, to remedy unsafe
traffic conditions caused by disabled vehicles as expeditiously as
possible and to eliminate traffic congestion as rapidly as possible.
In addition, each towing company must retain a physical mailing address
in the Township of Brick.
C. By making the application to be utilized as a tower
or wrecker by the Police Department and by accepting such employment,
the person or firm agrees to:
(1) Provide a prompt response to each call.
(2) Clean all debris at the accident site emanating from
the accident.
(3) Comply with all other terms and conditions of this
chapter.
D. In addition to meeting all other criteria of this
chapter and in order to be eligible for placement upon the rotating
list of authorized towers, the contractor shall supply a certificate
of liability insurance by a company licensed to do business in the
State of New Jersey, certifying that the contractor maintains workers'
compensation and garage liability insurance of not less than $1,000,000
combined single limit and garage keepers' liability of not less than
$100,000 per vehicle, said garage keepers' legal liability insurance
policy to further provide for fire, theft and explosion. All public
liability insurance, including garage liability and garage keepers'
legal liability coverage, shall name the Township of Brick, its officers,
agents and employees as additional insured on the policy, shall hold
them harmless, indemnify them from any and all claims filed against
the Township arising out of any act or failure to act on behalf of
the contractor and shall contain an endorsement providing 30 days'
notice to the Township in the event of any material changes of the
policy or cancellation thereof.
E. Those tow operators meeting the provisions of this
chapter shall be added to the rotating list by resolution of the Township
Council, upon advice of the Chief of Police.
[Amended 2-3-2009 by Ord.
No. 2-09; 6-6-2016 by Ord. No. 7-16]
A. Every operator of a towing service shall give the owner a written
itemized bill for the towing cost and a written receipt when paid.
A schedule of the towing regulation and fees shall be posted for viewing
by the public at each towing business on the police duty list and
in the Traffic Safety Office in the Police Department. Towing charges
and fees shall be as follows:
(1) Towing.
(a)
Motorcycles and motor scooters: $150.
(b)
Class I vehicles. Automobiles and trucks with a gross vehicle
weight rating (GVWR) of 8,600 pounds or under: $150.
[Amended 8-22-2023 by Ord. No. 16-23]
(c)
Class II vehicles. Automobiles and trucks with a gross vehicle
weight rating (GVWR) from 8,601 to 15,000 pounds: $200.
[Amended 8-22-2023 by Ord. No. 16-23]
(d)
Class III vehicles. Automobiles and trucks with a gross vehicle
weight rating (GVWR) of 15,001 pounds or greater: $400.
[Amended 8-22-2023 by Ord. No. 16-23]
(e)
No additional fee will be charged for flatbed services.
(2) Beach or water recovery.
(a)
Definition. The recovery of a vehicle from the beach or an existing
body of water.
(b)
Rate: $450 per hour billed in thirty-minute increments once
vehicle is on scene.
(3) Mileage. Loaded mileage charges from the scene to final destination
shall be charged as follows:
[Amended 8-22-2023 by Ord. No. 16-23]
(a)
Class I vehicles: $5 per mile.
(b)
Class II vehicles: $10 per mile.
(c)
(a) Class III vehicles: $12 per mile.
(4) Storage.
(a)
Class I vehicles: $40 per day for outside storage; $50 per day
for inside storage, only by written request from the Police Department
or vehicle owner.
[Amended 8-22-2023 by Ord. No. 16-23]
(b)
Class II vehicles: $50 per day for outside storage; $60 per
day for inside storage, only by written request from the Police Department
or vehicle owner.
[Amended 8-22-2023 by Ord. No. 16-23]
(c)
Class III vehicles: $80 per day.
[Amended 8-22-2023 by Ord. No. 16-23]
(d)
Pursuant to N.J.S.A. 40:48-2.50, all fees to be paid to an operator
by a municipality for the storage of removed motor vehicles shall
not exceed the following:
[1]
A limit of $3 per day for the first 30 days of storage per vehicle;
and
[2]
A limit of $2 per day for the 31st day of storage and any day
thereafter; and
[3]
A limit of $400 per vehicle stored regardless of the duration
of the storage, except that a waiver may be granted for good cause
upon the request of a municipality by the Division of Local Government
Services in the Department of Community Affairs.
(5) Miscellaneous.
(a)
Administration fee. An administration fee in the amount of actual
costs incurred may be charged. The administrative fee shall not exceed
$30. All administrative fees charged must be supported by full documentation
and subject to review by the Traffic Safety Unit.
[Amended 8-22-2023 by Ord. No. 16-23]
(b)
Debris cleanup is mandatory. For ordinary cleanup, a one-time
fee of $40 is permitted; if debris is excessive and requires more
than 20 minutes to remove, a one-time fee of $55 is permitted.
[Amended 8-22-2023 by Ord. No. 16-23]
(c)
Recovery/winching, as defined in this chapter; to be billed
in fifteen-minute increments:
[Amended 8-22-2023 by Ord. No. 16-23]
[3]
Class III: $400 per hour, billed in thirty-minute increments.
(d)
Additional truck/personnel: $100 per hour per truck, billed
in fifteen-minute increments once vehicle is on scene.
(e)
Other charges, including but not limited to: dolly use, airline
disconnect, release linkage, cage brakes, drive shaft removal: $30
each.
[Amended 8-22-2023 by Ord. No. 16-23]
(f)
Standby/wait time on scene: $100 per hour, billed in fifteen-minute
increments after 20 minutes on scene has elapsed. Tow operators must
notify an officer on the scene upon their arrival and departure.
(g)
Catastrophic crash: Prevailing wage will apply for winching
and recovery for catastrophic crashes.
(h)
Unloading of dump trucks and box trucks: Prevailing wage will
apply.
(i)
The protection of vehicles in storage from further damage due
to the weather (e.g., broken windows, doors, hoods, trunk missing
or damaged, which allow weather intrusion):
[1]
Tarp vehicles: $50 if needed;
[2]
Cover windows: $25 if needed.
(j)
Holiday rates: 1 1/2 times the regular towing rate for
towing on the following holidays: New Year's Day, Easter Sunday, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.
(k) Yard fee for retrieval of items from stored vehicle: $50 (after third
visit).
[Added 8-22-2023 by Ord. No. 16-23]
(l) After-hours release of stored vehicle: $50 per hour.
[Added 8-22-2023 by Ord. No. 16-23]
(m) Spill absorbent: $25.
[Added 8-22-2023 by Ord. No. 16-23]
B. The tower shall not charge any fee not defined in this section unless
previously authorized by the owner of the vehicle being towed/recovered.
C. Road repair services.
(1) The tow operator shall be responsible to answer road repair service
calls for the following types of disabled vehicles:
(a)
Flat tire repair or tire change.
(c)
Vehicles requiring a jump start.
(d)
Vehicles that have run out of fuel.
(e)
Any additional circumstances that do not require a tow.
(2) The tow operator shall charge a fee that is half the tow fee for
that vehicle class which is disabled plus the costs of parts or fuel.
(3) The tow operator will be returned to the top of the tow rotation
list upon completion of the above services.
[Amended 2-3-2009 by Ord. No. 2-09]
A. The Chief of Police shall have the power to suspend
a towing operator from the rotational duty service list for a period
of up to 30 calendar days for failure to comply with any section of
this chapter. A subsequent violation may result in the permanent removal
of a towing operator from the rotational duty service list for a twelve-month
period. A towing operator may appeal a suspension or a permanent removal.
In such cases, an appeal may be filed with the Township Clerk within
10 business days of the suspension or removal. A hearing may be held
by the Brick Township Council within 30 business days of the filing.
The Brick Township Council shall render its determination within 20
business days following the conclusion of the hearing. The governing
body’s determination as rendered shall be final and conclusive
under this chapter.
B. In addition, except as established herein, failure to comply with the Township’s Zoning, Land Use and Property Maintenance Codes may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police from the Township’s Construction Code Official/Zoning Officer and/or Property Maintenance Officer. Except as hereinafter provided, no license shall be issued for any towing unless the applying business owner has previously held a towing license issued by the Township of Brick. Business owners who have not been previously approved for a towing license must submit plans, or a detailed drawing delineating the location, dimensions and layout, including lighting and landscaping of the storage lot which shall be approved by the Chief of Police, or his designee as well as the Principal Planner and Township Engineer of the Township of Brick. Businesses who have met the exception criteria established in this section shall be exempt from receiving a violation for noncompliance, provided said businesses comply with the terms of their approval. Any towing operator suspended from the rotational duty service list for any violation of the Township Zoning, Land Use and Development and/or Property Maintenance Codes shall have the right to due process and appeal as set forth in §
437-12A above.
Any person, firm or corporation who willfully violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties as provided in Chapter
1, §
1-15, General penalty. Each and every violation of this chapter or each and every day that any violation shall be permitted to continue shall be construed as a separate and distinct violation hereof. The Police Department is specifically designated as the enforcement officers to serve and execute process for violation of this chapter.