[HISTORY: 1988 Code §§ 191-1 — 191-16
adopted as amended through December 31, 2013. Amendments noted where
applicable and include Ord. No. 41-2015, Ord. No. 38-2016; Ord. No. 61-2016; Ord. No. 34-2020; Ord. No. 31-2022.]
A.
N.J.S.A. 40:48-2.49 authorizes the Township to regulate the business
of removal and storage of motor vehicles and to set rates and charges
for the same.
B.
The Township of Wayne seeks to exercise the authority conferred by
the aforementioned statute and adopts this chapter establishing minimum
requirements for a towing contractor to provide services and/or vehicle
removal and/or impoundment and/or storage of vehicles when determined
necessary by the Township of Wayne Police Department.
C.
The provisions of this chapter shall not apply to the towing of a
motor vehicle from private property. Towing from private property
is governed by regulations set forth in N.J.A.C. 13:45A-31.6.
[Amended 9-16-2020 by Ord. No. 34-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
Charges for more than three trips to the motor vehicle in
storage.
Releasing a motor vehicle from a tow company's storage facility
after normal business hours or on weekends.
Use of any number of inflatable lifting apparatus (commonly
referred to as "airbags") used to lift, under controlled recovery
movements, any objects, such as automobiles, trucks, tractor-trailers,
either on or off roadway, aircraft, underwater recovery and realignment
of shifted loads in or on semitrailers.
Use of a wide variety of primarily, but not limited to, construction-type
equipment not normally considered towing equipment, used to access
or clean up a recovery scene of wreckage.
Arriving at the site from which a motor vehicle will be towed,
15 minutes waiting time, hooking a motor vehicle to, or loading a
motor vehicle onto, a tow truck, transporting a motor vehicle to a
storage facility, unhooking or unloading a motor vehicle from the
tow truck, and situating the motor vehicle in the space in which it
will be stored. It also includes issuing documents for the release
of a motor vehicle to its owner or other person authorized to take
the motor vehicle; issuing an itemized bill; three trips to the motor
vehicle in storage, which, if applicable, include making a vehicle
available to an insurance appraiser or adjuster; issuing documents
for the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; and retrieving a motor vehicle from storage
during the hours in which the storage facility is open.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
Semi-type trailer used to put cargo from a damaged trailer
and/or roadway (includes truck to pull trailer).
Removal of any and all debris, including collection of debris
that can be picked up by hand.
Any and all types of load being handled by a vehicle, truck
or trailer.
The highest ranking sworn officer within the Wayne Police
Department.
The towing of a motor vehicle, when the owner or operator
of the motor vehicle has consented to have the towing operator tow
the motor vehicle.
The operation of a tow truck within the Township of Wayne
to solicit vehicle towing, emergency road service and/or other related
towing services unless in response to a police request.
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
A motor vehicle which has been abandoned or rendered inoperable
by mechanical failure or accident. Any motor vehicle, operable or
inoperable, which constitutes a hazard to the motoring public by its
location shall be deemed disabled for the purposes of this chapter.
Repairs which may be performed at the location of a disabled
vehicle, including, but not limited to, flat tire changing, jump-starting,
gasoline deliveries, etc.
An unobstructed, flat, forty-foot-by-twenty-five-foot area
where a vehicle can be placed when needed for inspection by the police.
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
The storage of a motor vehicle upon the 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, suspected
criminal activity and/or any violation of Title 39 of the New Jersey
Statutes or municipal ordinances.
Used to remove various construction equipment and damaged
or broken trucks/trailers that may not be towed by other means.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Township, pursuant to this chapter, to provide wrecker/towing
services to the Township.
A tow truck with dual rear wheels capable of towing or wheel
lifting vehicles which meets the following minimum standards:
High-intensity electric lamps with extendable mast.
Distance in miles that a tow vehicle travels while towing
a vehicle.
Heavy equipment used for cleanup of a major accident of debris
and cargo.
Storage of cargo that was taken off a damaged vehicle/trailer
or picked up off roadway.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and which meets
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
All vehicles propelled other than by muscular power, excepting
such vehicles as run only upon rails and tracks and motorized bicycles,
motorized scooters, motorized wheelchairs, and motorized skateboards.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. Nonconsensual towing includes towing
of a motor vehicle when law enforcement orders the motor vehicle to
be towed, whether or not the owner or operator consents.
Cost of photographing, maintaining timeline, and written
explanations used to explain the nature of a crash/recovery to assist
insurance companies/vehicle owner understand the incident and substantiate
charges.
That care which is normally used to protect a motor vehicle
from further damage, including but not limited to the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire land area shall be enclosed by a fence of sturdy
construction, a wall or other man-made barrier that is at least seven
feet in height, with a minimum of one lockable gate for ingress and
egress, in accordance with local zoning regulations.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area, for the storage of a minimum of 50 vehicles, within a 15-minute
response time to any call for towing or service within the Township
of Wayne. Said proof shall include the deed or deeds to the property
or the leases to the same. The towing operator shall submit proof
of local zoning compliance for use of the storage facility.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads and highways within the Township
of Wayne.
Used for moving pallets of cargo from inside a trailer.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Wayne Police Department.
The licensed place of business of each towing operator. Each
towing operator shall maintain his/her own place of business where
trucks, in response to police requests, are normally kept. Towing
operators shall not share a principal location. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances. The principal location
must be open to the public between 8:00 a.m. and 6:00 p.m. at least
five days per week and the principal location shall contain a clean,
comfortable waiting area with toilet facilities.
[Ord. No. 38-2016]
The nonconsensual towing from private property or from a
storage facility of a person's motor vehicle that is parked illegally,
parked during a time at which such parking is not permitted, or otherwise
park without authorization or immobilization of, or preparation for
moving or removing of such motor vehicle to which a service charge
is made, either directly or indirectly.
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
Vehicle used by a supervisor to get to and from the scene.
A truck or trailer containing assorted supplies to mitigate
the impact of incidents, such as spill control, traffic control, auxiliary
lighting, cleanup materials and equipment, cutting saws, blowers,
etc.
When cargo or debris is loaded onto/into a tow company's
trailer for storage. This fee is for renting the trailer and storage
of the trailer (no extra charge for storage of said trailer).
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
Truck and container/dumpster that may be needed for a recovery/cleanup
of an accident.
The list of towers prepared by the Chief of Police from which,
each week, the on-duty tower for the week is designated.
Vehicle that has an extendable boom that rotates to recover
vehicles from unusual situations, such as over guardrails or off-road.
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which the motor vehicle will be towed.
Any full twenty-four-hour period a motor vehicle is in the
storage facility.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
Additional fee on top of outside tow company fees when needed
to provide services that the Township tower does not possess or is
in need of to provide additional support services.
Covering a motor vehicle to prevent weather damage.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this chapter
that is left unclaimed for a period in excess of seven calendar days.
Distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles traveled by a tow vehicle after dropping
off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Any part/piece of a motorcycle, car, truck or trailer.
Charge to move a vehicle out of the primary tower's storage
facility to a designated unsecured staging area for towing by a secondary
tower.
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual, beyond the time included
as part of a basic tow.
The process of moving a motor vehicle, by the use of chains,
nylon slings or additional links of winch cable, from a position that
is not accessible for direct hookup for towing a motor vehicle. Winching
also includes recovering a motor vehicle that is not on the road,
and righting a motor vehicle that is on its side or upside down, but
does not include pulling a vehicle onto a flat bed tow truck.
Any material used to cover motor vehicle windows that have
been damaged.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles which are unable to be and actually
are not operated under their own power from the place where they are
disabled to some other place, or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow-truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower, that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing by
a secondary tower.
A.
Towing operators meeting the qualifications set forth below shall
submit an application, in writing, to the Township Clerk to be considered
for placement on a rotating list of towing operators. There shall
be a maximum of four towers on the list per year.
[Ord. No. 38-2016]
B.
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following:
(1)
The complete legal business name, business address, principal location
address and Department of Transportation (DOT) number.
(2)
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and partners
if the licensee is a corporation or partnership.
(3)
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
(4)
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
(5)
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
(6)
Photocopies of all towing vehicle operators' current driver's licenses,
along with their social security numbers.
(7)
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
(8)
Proof that the applicant has a principal location within a 15-minute
response time to any call for towing or service within the Township
of Wayne.
(9)
Proof that the applicant's principal location meets all zoning requirements
applicable to the jurisdiction in which it is located.
(10)
Proof that the applicant can guarantee a fifteen-minute response
time on all calls with the exception of delays caused by unexpected
traffic or unusual conditions.
(11)
The applicant shall provide an affidavit that the information given
in the application is true and correct.
(12)
The applicant shall provide an agreement that, upon issuance of a
license, the licensee shall indemnify and hold harmless the Township
of Wayne, its agents, servants and/or employees from and against all
claims of a third party relating to the towing and/or storage service
of the licensee.
(13)
Applications will be processed according to the order in which they
were filed with the Township Clerk. In the event there are more than
four (4) qualified applicants, the four (4) applicants whose principal
place of business is closest to the center point of the intersection
of Alps Road and Ratzer Road shall be selected. The distance shall
be determined by a straight line between the center point of the intersection
and the center point of the applicant's principal place of business
as indicated on the Township's mapping software.
[Ord. No. 38-2016]
All initial applications shall be accompanied by a nonrefundable fee of $500 payable to the Township of Wayne. A renewal application shall be accompanied by a nonrefundable application fee of $250 payable to the Township of Wayne. The application fees are in addition to any fee for criminal background checks required in § 191-5 as well as any other fees required by this chapter. Said fees are in addition to the license fees as set forth in § 191-6.
[Ord. No. 41-2015]
A.
Upon filing an application with the Township Clerk's Office, the
applicant, including all persons listed on the application, shall
respond to the Police Department's Records Bureau with a current driver's
license or other government issued photo identification. Each person
shall be photographed and be provided with a fingerprint form from
a fingerprint vendor authorized by the State of New Jersey. Each person
shall, at their own expense, respond to the authorized fingerprint
vendor's location for a fingerprint check. In addition, a driver's
abstract will be obtained for all persons listed in the application.
B.
Upon receipt of the results of the fingerprint check and subsequent
criminal history check, as well as review of each applicant's driver's
abstract, the Police Department shall notify the Township Clerk's
Office of those results with a recommendation on whether or not the
applicant should be approved or denied, and if any person listed should
be disqualified. The Township Clerk shall then notify the applicant
of said results.
C.
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Township may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
chapter.
D.
Once a license is granted, the licensee shall notify the Township
Clerk in writing of any criminal charges, motor vehicle offenses or
ordinance violations that are issued against the licensee or its employees
during the term of the license. Failure to make the proper notification
to the Township Clerk may result in the revocation of the license.
E.
If a towing company charges a consumer a fee for a private property
or other nonconsensual towing service that is disputed by the consumer,
the parties shall make a good faith effort to resolve the dispute
with the Police Department. If the parties are unable to resolve the
dispute, the complaint may be forwarded to the Director of the New
Jersey Division of Consumer Affairs, who shall make a determination
as to whether or not the fee is unreasonable under N.J.A.C. 13:45A-31.5.
The Director may order the towing company to reimburse the consumer
for an amount equal to the difference between the charged fee and
a reasonable fee, plus interest.
[Ord. No. 53-2014; Ord. No. 38-2016]
A.
Upon written notification by the Chief of Police to the Township
Clerk that an application has been reviewed and the Police investigation
has been completed, the Township Council shall at a public meeting,
consider the issuance of a license.
B.
In addition to the application or renewal application fees set forth in § 191-4, the yearly license fee shall be $100, payable to the Township of Wayne.
[Amended 9-16-2020 by Ord. No. 34-2020]
C.
Upon approval by the Township Council, the Township Clerk of the
Township of Wayne shall issue a license to the licensee pursuant to
this chapter, as well as individual stickers for each wrecker that
has been inspected and approved by the Chief of Police to be operated
during the term of the license.
D.
All towing licenses will be issued for a period of one year beginning
January 1 of each year and expiring on December 31. Applications for
license and license renewal are to be completed and returned to the
Township Clerk by September 1 of each year for a license for the following
calendar year. Licenses or renewals filed after September 1 will not
be accepted for the following calendar year. Should the number of
towers fall below four, the Township, at its sole discretion, may
accept applications after September 1, but in no case shall the number
of towers exceed four.
E.
Licenses are the property of the Township of Wayne and may not under
any circumstances be assigned, leased, shared, transferred or sold
to another person, corporation or proprietorship.
F.
Upon the issuance of the license, the licensee may during the term
of the license advertise and place on his equipment that the licensee
is an authorized police tower for the Township of Wayne.
G.
The licensee shall pay to the Township of Wayne $15 for each vehicle
towed under this chapter. Said charge is for administrative costs
incurred by the Township. The licensee shall pay the above fee on
a monthly basis to the Wayne Township Clerk, and said payment is due
on the 15th of every month. If payment is not made on a timely basis,
the license may be suspended or terminated after a hearing by the
Council. No fee shall be charged for Township vehicles.
[Amended 9-16-2020 by Ord. No. 34-2020]
H.
The licensee shall pay a vehicle inspection fee of $75 for each tow
truck that the licensee adds to his fleet during the year that provides
service under this chapter. The licensee shall also pay a fee of $35
in addition to any fees for criminal history checks, for each wrecker
driver he adds during the year that provides service under this chapter.
[Ord. No. 38-2016]
A.
The towing operator must be able to provide, 24 hours a day, seven
days a week, towing services for the Township, on a rotating basis,
at the direction of the Chief of Police or his designee.
B.
The Chief of Police or his designee shall establish towing zones
and assign call-out weeks from the rotating list. A tower that wishes
to change his assigned week due to vacation or conflict must submit
a request in writing to the Chief of Police or his designee for approval.
Only the Wayne Police Department is permitted to make changes to the
rotating list.
C.
The Chief of Police or his designee shall prepare the list of prospective
towers.
D.
The on-duty tower shall be called for the removal and storage of
the disabled vehicle within their respective zone. In the event that
the on-duty tower is unable to respond to calls within their zone
or to respond in a timely manner due to unusual conditions, the other
on-duty tower shall be called. In the event neither one of the on-duty
towers can respond, then the next tower on the rotating list shall
be called. Towers are not permitted to make their own callouts. Only
the Wayne Police Department is permitted to make callouts.
E.
Cruising by a towing company's vehicles is not permitted.
[Amended 8-17-2022 by Ord. No. 31-2022]
A.
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Township
with certificates of insurance evidencing proof of the following required
coverages:
(1)
Motor vehicle liability for a tow truck capable of towing a motor
vehicle for the death of, or injury to, persons and damage to property
for each accident or occurrence in the amount of $2,000,000, single
limit.
(2)
Workers' compensation and employer's liability as required by statute.
[Amended 9-16-2020 by Ord. No. 34-2020]
(3)
Garage keeper legal liability in an amount not less than $250,000.
[Amended 9-16-2020 by Ord. No. 34-2020]
(4)
“On-hook” coverage, either as an endorsement to the garage
keeper legal liability insurance or separately in the amount of $250,000.
(5)
Comprehensive general liability in an amount not less than $2,000,000
B.
On all policies except workers' compensation, the Township shall
be named as an additional insured. The policies shall be endorsed
to reflect the Township as an additional named insured and that the
coverage is provided to the Township on a primary, non-contributory
basis with a waiver of subrogation.
C.
All policies must contain a provision requiring notification to the
Township of any policy cancellation or revision at least 30 days prior
to either cancellation or revision.
D.
The towing operator shall provide an excess or umbrella liability
insurance policy in the amount of $2,000,000.
[Ord. No. 38-2016]
A.
Equipment used by towing operator.
[Ord. No. 61-2016]
|
The equipment to be used by the towing operator shall meet the
following requirements:
|
(1)
All equipment must be of the type, condition and design to efficiently
perform the work required by the Township of Wayne.
(2)
A licensee, when filing an application and at all times while holding
a license under this chapter, shall own or lease for use in performing
the services required by the license a minimum of four (4) trucks:
one (1) light-duty wrecker, one (1) medium-duty flatbed, one (1) medium-duty
wrecker, and one (1) heavy-duty wrecker.
B.
The following safety equipment shall be carried on all towing trucks:
(1)
Chains and tie-downs to secure vehicles.
(2)
A snatch block.
(3)
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
(4)
Rotating amber emergency lights mounted on top of truck. (A state-issued
permit is required and must be in the truck.)
(5)
Two white work lights facing from the rear of the truck.
(6)
One shovel and broom.
(7)
Fifty pounds of absorbent.
(8)
Jumper cables or a jump box.
(9)
A steering wheel tie down.
(10)
A toolbox with assorted hand tools normally used to conduct emergency
roadwork and towing.
(11)
Two reflectorized traffic safety vests.
(12)
One five-pound A-B-C-rated dry powder fire extinguisher.
(13)
One flashlight.
C.
A reflectorized traffic safety vest shall be properly worn as the
outside garment by all employees performing work while on a roadway,
24 hours a day.
D.
The towing operator shall provide all trucks with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of any accident to which they are summoned. The towing operator shall be responsible for the subsequent cleanup. Each truck shall have a minimum of 50 pounds of absorbent for oil and/or any other liquid, except gasoline, that might be spilled onto a roadway as a result of an accident. If gasoline is spilled as a result of any accident, it shall be the responsibility of the Police Department to notify the Fire Department for immediate removal. Absorbed liquids, other than gasoline, shall be removed from the roadway by the tower, placed in plastic bags and then placed in the towed vehicle by the towing operator and shall be disposed of by the owner of said vehicle. The towing operator may charge a fee as set forth in § 191-12E(3).
E.
All trucks used by the towing operator shall be kept in a clean,
good-working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
F.
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photostatic copy of each
registration and insurance card shall also be included. For leased
trucks, the towing operator shall be required to furnish a copy of
each lease. Only trucks listed on the application shall be used by
the towing operator. This list may be updated during the year. All
newly added vehicles are subject to inspection.
The towing operator shall have a storage area that meets the
following requirements:
A.
The outside area used for storage of vehicles shall be paved or stoned.
B.
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
C.
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
D.
The entire outside storage area shall be enclosed by a fence or sturdy
construction, a wall or other man-made barrier that is at least seven
feet high which may include one foot of barbed wire, with at least
one lockable gate for ingress and egress, in accordance with local
zoning regulations.
E.
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
F.
The Township of Wayne Police Department shall be granted access to
any part of the impound area at any time, day or night, for the purpose
of inspection and/or investigation. This shall include indoor and
outdoor areas.
G.
There shall be no unescorted access to the aforementioned impound
area by the public. Said area shall be posted in accordance with Wayne
Police Department regulations.
H.
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, an indoor secured area
shall be provided for at least one vehicle, when requested by the
police.
I.
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
J.
There shall be no piling of vehicles.
K.
The storage area shall be located adjacent to, or be part of, said
licensed principal location and shall comply with the local zoning
ordinances.
L.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicle and shall not charge a release fee
or other charge for the release of motor vehicle to their owners during
their normal business hours or on weekends.
[Ord. No. 38-2016]
The employees of the towing operator shall meet the following
requirements:
A.
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Township or represent
to the public that he/she is an employee of the Township of Wayne.
B.
No person shall be employed by the towing operator unless he/she
has obtained a record check and has been approved by the Township
of Wayne Police Department.
C.
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this chapter.
D.
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
E.
The towing operator shall indicate the number of employees who will
be on the day shift and the number to be assigned to the night shift,
on a seven-day-a-week basis to the Chief of Police.
F.
The towing operator shall provide the Police Department with a list
of said personnel and copies of each operator's driver license (CDL
if applicable) and social security number.
G.
No towing operator shall employ, directly or indirectly, any employee
of the Wayne Township Police Department.
H.
No cruising by personnel shall be permitted.
I.
The licensee shall be responsible for basic environmental cleanup and may charge the owner of the vehicle involved in the actual spill a fee as outlined in § 191-12E(3).
J.
The licensee shall be responsible for roadway cleanup, which shall
include but not be limited to removing broken glass and debris at
the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge
the owner of the vehicle that created the debris a fee as outlined
in § 191-12.E(3).
K.
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to guarantee
that the scene is properly cleared and safe for traffic to resume
safely.
[Ord. No. 38-2016; amended 9-16-2020 by Ord. No. 34-2020]
A.
B.
The following is the fee schedule for storage services for all types
of vehicles per storage day (full twenty-four-hour period):
(2)
Outside secured, storage facility capacity:
(a)
Under 10,000 pounds: $45.
(b)
Additional axle: $25.
(c)
Over 10,000 pounds: $100.
(d)
Over 10,000 pounds, tandem axle: $125.
(e)
Tractor-trailer combination: $150.
(f)
Roll-off container: $125.
(g)
Cargo/accident debris/load storage/vehicle components: $45 per day
per space (10 x 20).
(h)
Rental of any tow company supplied trailer post incident: $500.
D.
Rates for vehicle recovery and/or winching:
(1)
Wreckers, specialized equipment and personnel.
(a)
Medium-duty wrecker (per truck): $350 per hour, to be charged
based upon each 1/2 hour spent performing winching.
(b)
Heavy-duty wrecker (per truck): $600 per hour, to be charged
based upon each 1/2 hour spent performing winching.
(c)
Additional manpower: $125 per hour per man, to be charged based
upon each 1/2 hour spent performing winching.
(d)
Level 3 Recovery Supervisor: $100 per hour, to be charged based
upon each 1/2 hour spent performing winching.
(e)
Rotator/crane recovery unit: $1,200 per hour.
(f)
Tractor with landoll trailer or detach trailer: $450 per hour.
(g)
Box or refrigerator trailer with tractor: $400 per hour.
(h)
Air cushion unit: $1,000 per hour.
(i)
Light tower: $250 per hour.
(j)
Pallet jack/puller: $200 flat rate.
(k)
Loader/backhoe/telescopic handler/bulldozer/bobcat/forklift:
$300 per hour each.
(l)
Roll-off with container/dump truck: $350 per hour plus disposal.
(m)
Recovery supervisor vehicle: $150 per hour.
(n)
Scene safety equipment, communication equipment, traffic management
equipment, etc.: $250 per hour for each type used.
(o)
Recovery support vehicle: $350 per hour.
(p)
All other specialized equipment: $250 per hour.
(2)
Licensees may, however, charge additional fees for extraordinary
recovery and/or winching. All services must be itemized on the statement
for services.
E.
Additional services that may be required:
(1)
Axle pull/drive shaft/transmission disconnect: $75 flat rate.
(2)
Hookup air: $75 flat rate.
(5)
Waiting time: $75 per hour in excess of 15 minutes, which shall be
calculated based upon each 15 minutes spent at the site from which
a motor vehicle will be towed, with fewer than 15 minutes rounded
up to 15.
(6)
The use of window wrap or tarping is $90 per car; $250 per truck.
(7)
A tower cannot charge to move a vehicle outside of their lot for
police tows.
(8)
Fuel/hazmat/cargo
spills cleanup and disposal: time and materials.
(9)
Subcontractor
markup: 20%.
(10)
After-hours release: $75.
(11)
Notification documentation fee: $50.
F.
A towing company that engages in private property towing or other
nonconsensual towing shall calculate storage fees based upon full
24-hour periods a motor vehicle is in the storage facility. For example,
if a motor vehicle is towed to a storage facility at 7:00 p.m. on
one day and the owner of the motor vehicle picks up the motor vehicle
before 7:00 p.m. the next day, the towing company shall charge the
owner of the motor vehicle only for one day of storage. If a motor
vehicle is stored for more than 24 hours, but less than 48 hours,
the towing company may charge for two days of storage.
G.
Customers must be able to use cash, insurance company check, debit
card, charge card or credit card to pay for services. The Township
will not be held liable for, or assist the towing operator in the
collection of any unpaid fees that are incurred for performing towing
or storage services.
H.
The rates on the "Township of Wayne Towing and Storage Rate Schedule"
represent the maximum rates permitted under this chapter. It shall
be unlawful for any licensee to charge a rate in excess of the rates
prescribed or for any service not specifically covered in this chapter.
I.
Mileage rates. There shall be no mileage charge, for any vehicle
towed under this chapter, to respond to the service call or from the
point of service back to the licensee's principal location. If the
owner or operator designates the vehicle to be towed to another location
other than the licensee's principal location, then the licensee may
charge for loaded mileage outside the boundaries of the Township of
Wayne. Mileage charges per mile outside of Wayne shall be $6 per mile
or part thereof.
J.
Heavy vehicle recovery (over 16,000 pounds).
(1)
To perform heavy vehicle recovery, the Township requires that the
licensee have on-scene a recovery supervisor with a Level 3 certification
from the Towing and Recovery Association of America (TRAA) or other
nationally recognized certification.
(2)
To perform heavy vehicle recovery under this chapter, the licensee
must:
(a)
Visually document the recovery scene through photos or videotape.
(b)
Prepare a written report of all procedures employed, actions
taken, equipment used and manpower requirements to complete the recovery
process in the safest manner and provide a copy to the vehicle owner
with the statement for services.
(c)
Prepare an itemized billing invoice for all services rendered.
(3)
If the licensee finds it necessary, due to the nature of the recovery,
to contract additional recovery services to supplement its equipment
and manpower recovery, the contracted service providers must work
under the supervision of the licensee. The licensee may not subcontract
the entire recovery. In the event that the heavy-duty wrecker operator
is unable to handle the recovery, then the next heavy-duty wrecker
on the rotating list shall be called.
A.
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a three-year
period. These records shall include the name of the responding police
officer, name of towing employee, the date and time of tow-in, destination
towed, vehicle tag number and state, vehicle identification number,
make, model, color and year of vehicle, itemized charges to the owner
of the vehicle and the disposition of the vehicle and date thereof.
B.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.
The Township of Wayne shall, upon request have access to any and
all of these records. The Police Department shall conduct a quarterly
audit of each tower's records and provide a written report to the
Township Clerk's office.
D.
The licensee shall notify the Wayne Police Department, in writing,
of any vehicle that is left unclaimed for a period in excess of seven
calendar days.
E.
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this chapter. The
invoice shall include the following:
[Amended 9-16-2020 by Ord. No. 34-2020]
(1)
The date, time and location at which a towed motor vehicle was delivered
to a towing company's storage facility;
(2)
A list of all services provided to a person for which the towing company is charging pursuant to Subsection A above, including the name of the employee who performed the service;
(3)
An enumeration of the towing services actually performed as part
of the basic tow; and
(4)
That the service performed was at the request of the Township of
Wayne Police Department.
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A copy of the invoice shall be retained by the licensee and
filed in a manner that coincides with the licensee's current filing
methods that will allow immediate access to such record when requested
by the Township of Wayne Police Department.
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F.
(Reserved)
G.
The licensee shall incur the cost of preparing a payment rate circular
for fees listed under this chapter and shall distribute this rate
circular at the time of tow to all customers, at no cost, which also
includes directions to the storage location, business hours, phone
numbers, major credit cards accepted and other methods of payment
accepted.
A.
Tow-truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy
duty wreckers shall have the following endorsements on their commercial
driver's license:
B.
Within two years of the effective date of this chapter, all tow-truck
drivers that operate tow vehicles must obtain the Towing and Recovery
Association of America (TRAA) National Driver Certification Level
1 or other nationally recognized certification. Drivers that operate
the heavy-duty tow truck must obtain the Level 2 certification.
C.
New employees shall have one year from their date of hire to obtain
the TRAA Level 1 certification or other nationally recognized certification.
During the initial year of employment, they may perform services as
listed under the provisions of this chapter, provided that the licensee
documents that he has trained the employee in the proper use of the
equipment he will operate.
D.
To perform any recovery operation, the licensee must have at least
one employee certified as a TRAA Level 3 or other nationally recognized
certification.
[Ord. No. 38-2016]
A.
All complaints received by the Township regarding a towing operator's performance under the provisions of this chapter shall be investigated by the Chief of Police or his designee and resolved to the satisfaction of all parties. In the event that the complaint cannot be resolved to the mutual satisfaction of the parties, the matter shall be submitted to the Business Administrator or his designee. The decision of the Business Administrator or his designee shall be final. For complaints/disputes involving fees for nonconsensual towing services that cannot be resolved by the Police Department, see section 191-5.
B.
The towing operator shall at all times comply with this chapter,
or the Township shall remove the towing operator from the rotating
list after written notification from the Police Department and an
opportunity for a hearing conducted by the Township Council.
C.
The Chief of Police is hereby designated to enforce the provisions
of this chapter in accordance with due process of law.
D.
The Chief of Police shall investigate and keep, and maintain for
a period of five years, a record of all complaints that are received
regarding the provisions set forth in this chapter.
E.
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this chapter. When a license is suspended, the Chief of Police
shall forward a full report to the Mayor and Council within 15 business
days after said suspension. If the licensee objects to the determination
of the Chief of Police, the licensee may request a hearing before
the Council. The licensee must notify the Township Clerk in writing
of a request for a hearing within 20 days of the suspension notice
issued by the Chief of Police. The Council, at the conclusion of the
hearing, may affirm or reverse the decision of the Chief of Police.
F.
The Chief of Police shall oversee all licensed wreckers to ensure
that they are kept in a safe condition. The Chief of Police may inspect
any or all licensed wreckers at any time. If at any time the Chief
of Police finds the equipment inadequate or unsafe, the Chief of Police
may demand immediate correction and suspend the wrecker license until
such time as the violation is corrected. Once a wrecker license is
suspended, all identifiers listing the wrecker as a Township of Wayne
police wrecker shall be removed from the wrecker by the licensee.
A.
Any person or towing operator who violates the provisions of this
chapter shall, upon conviction, be fined as follows:
B.
In addition to any penalties that may be imposed by the Municipal
Court, the Township Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this chapter
for repeated violations of this chapter.
