[Added 10-28-2015]
The purpose of this chapter is to establish, pursuant to N.J.S.A.
40A: 11-5, Subsection (1)(u), a list of towing operators to provide
towing services for the Township of Colts Neck on a rotating basis
and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing
operators engaged in the removal of motor vehicles.
Certain words, phrases and terms in this chapter shall have
the following meanings:
AUTHORIZED STORAGE FACILITY
Any building or property, other than a private garage, available
to the public, operated as a business and which is used for the storage,
repair, rental, lubrication, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles and which complies with all
the provisions of the zoning or other ordinances of the municipality
in which it is located.
CONSENT TOW
When someone other than the Police Department requests a
towing agency's services 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.
CRUISING
The operation of an unengaged wrecker along the public streets
in any fashion intended or calculated to solicit business.
IMPOUND
When the Police Department orders a vehicle to be towed to
an authorized storage facility, or any other location, and the release
of said vehicle is not allowed. An impound could include, but is not
limited to, vehicles involved in serious or fatal crashes, criminal
investigations and/or stolen vehicles. Said vehicles cannot be released
until written authorization is given by the Police Department.
NONCONSENT TOW
When the Police Department or its agents/representatives
contact the towing agency to remove and/or impound a vehicle at the
request of the police department.
OPERATOR
The person, firm or corporation which owns or leases and
operates, or causes to be operated, a tow truck; includes the words
"owner" and "permittee."
PASSENGER VEHICLE
Includes, but is not limited to, cars, station wagons, funeral
service vehicles, taxicabs, limousines, motorcycles, two-axle four-tire
campers, vans, sport utility vehicles, 4x4 vehicles, pickup trucks
and any other similar vehicles having a gross vehicle weight not exceeding
four tons (8,000 pounds).
POLICE OFFICER
Any regular police officer, special police officer, or parking
enforcement officer of the Township of Colts Neck, any Monmouth County
Sheriff Officer, any New Jersey State Police Officer, any Code Enforcement
Officer of the Township of Colts Neck, any Zoning Officer of the Township
of Colts Neck, or their designees.
RECOVERY
Can be achieved by several actions which may include, but
are not limited to, winching and rigging. A recovery is when an operator
applies his/her knowledge in a skillful manner to preserve the condition
of a motor vehicle while moving it to a towable position.
TOW TRUCK/WRECKER
A motor vehicle, including, but not limited to, a wrecker,
tow truck, wheel lift truck or flatbed truck, employed for the purpose
of towing, transporting, conveying, removing or recovering any vehicle
without causing damage to the vehicle to be towed or transported.
TRUCK
Includes any vehicle having a gross vehicle weight exceeding
four tons (8,001 pounds or more).
VEHICLE
Any automobile, passenger vehicle, truck, tractor, trailer,
motorcycle, minibike, moped, go-cart, bus, skimobile, farm equipment,
all-terrain vehicle (ATV) or any other mechanically powered conveyance
which shall be or become disabled or which is required to be removed
from the scene of an accident or the removal of which is necessary
in order to safeguard the public health, safety and welfare.
WAITING TIME
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of waiting time may include, but are not limited to, EMS services
which must be performed and/or police investigations.
WINCHING
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, lifting a motor vehicle with a conventional
tow sling nor pulling the vehicle with a chain hooked to a wrecker.
This chapter shall apply to any operators seeking to be enrolled
on the rotating call list described herein.
[Amended 10-28-2015]
No operator shall be eligible for inclusion on the rotating call lists described in this chapter unless such operator shall obtain a permit from the Chief of Police of the Township of Colts Neck or his or her designee for each tow truck/wrecker vehicle which will respond to towing calls. All permittees must possess a storage facility as described and defined in §
213-13 physically located within the Township or no further than two driving miles from the Township border. Permittees shall be included on a rotating call list pursuant to §
213-16. The maximum number of businesses eligible for inclusion on the rotating call list where a permittee has common ownership or interest shall be two.
Applications for permits under this chapter shall be made on
forms from the Township of Colts Neck Police Department. 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 thereof. Only
one corporation shall apply for any one given address. All tow trucks
used by corporation must be registered to said corporation or wholly
owned subsidiary.
B. The classification(s) of towing for which the applicant is applying,
which shall be regular-duty and/or medium/heavy-duty. An applicant
may apply for either one or both of the aforesaid classifications.
C. The description by make, model, license number, year, gross vehicle
weight, vehicle identification number and color of each tow truck/wrecker
for which a permit is requested.
D. The address at which each tow truck/wrecker will be principally kept.
E. The address of the authorized storage facility to which the towed
vehicles will be taken and at which they will be stored. If the applicant
does not own or lease an authorized storage facility, the applicant
must include a written agreement with a person who does own or control
such an authorized storage facility indicating that the applicant
has permission to store towed vehicles at that facility. This agreement
shall be for a term of not less than the period of validity of the
permit.
F. The names, addresses and driver's license numbers of all drivers
of tow trucks/wreckers.
G. The telephone numbers at which the Police Department may summon a
tow truck/wrecker at any time, day or night.
H. Copies of required insurance policies or certificates of insurance.
I. If the application is for or includes medium/heavy-duty towing, the application must also include a schedule of rates and fees, as outlined in §
213-13B of this chapter.
J. All tow trucks must carry the ordinance rates contained herein for
review by the owners of towed vehicles or provide itemized receipts
to vehicle owner indicating the charges incurred pursuant to this
ordinance.
Applications for the initial series of permits under this chapter
shall be made to the Chief of Police within 30 days of the date upon
which this chapter is finally adopted. The first series of permits
issued hereunder shall be good and remain effective until December
31, 2011. Thereafter, permits shall be effective for a period of one
year commencing January 1 of each successive year. Applications for
permits after the initial series shall be filed no later than December
1 of the year preceding the year for which a permit is sought. 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.
The Chief of Police shall cause an investigation to be made
of each applicant, his or her business location, authorized storage
facility and the vehicles for which permits are sought. A permit shall
not be issued for any tow truck/wrecker owned, leased, managed or
operated by a person convicted of a crime. 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
any such permit is refused, the Chief of Police or his designee shall
inform the applicant of the denial and the specific reason(s) therefor.
The permit shall be issued by the Chief of Police when he or she finds
that the applicant has complied with the following regulations:
A. All requirements of this chapter and other ordinances of the Township
of Colts Neck and other municipalities and the laws of the State of
New Jersey shall be met.
B. The tow trucks/wreckers have been properly registered and conform
to the laws of the State of New Jersey.
C. The tow trucks/wreckers to be approved meet the required minimum
standards set forth herein.
D. The towing operator and all drivers may be required to submit to
a fingerprinting and background investigation with the Township of
Colts Neck Police Department. The towing agency must employ drivers
who have a valid driver's license for the equipment to be operated.
The towing agency will be required to submit a list of operators and
their residential addresses and will be required to make notification
to the Police Department of any changes therein.
There are two separate classifications of tow trucks/wreckers;
they are "regular-duty" and "medium/heavy-duty." There are two separate
rotating call-out lists for these classifications. All tow trucks/wreckers
proposed to be used must be properly licensed and conform to the State
Motor Vehicle laws. No permit shall be issued to a towing operator,
in his or her respective classification, who does not possess, for
utilization in this business, the following equipment:
A. Regular-duty tow trucks/wreckers:
(1) At least one regular-duty tow truck/wheel lift with a gross vehicle
weight (GVW) rating of 14,000 that shall be able to tow or carry all
makes of passenger cars and small trucks, including pickup, sport
utility and small panel trucks/vans, and which must have or be equipped
with the following:
(a)
All tow trucks/wreckers shall have a minimum GVW rating of 14,000
according to the manufacturer's specifications and shall have dual
rear wheels or the equivalent.
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
(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/wrecker.
(d)
Front and rear flashing hazard lights.
(e)
A three-hundred-sixty-degree rotating amber beacon light mounted
over the cab, or an approved light bar.
(f)
All lights shall be of such candlepower and intensity as to
be visible 1/4 of a mile away.
(g)
The company name, address and phone number shall be permanently
affixed on both sides of the tow truck/wrecker. The letters and numbers
shall be a minimum of three inches in height.
(h)
Approved towing slings and/or wheel lifts.
(i)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway. The operator must clean away
the debris at the scene.
(j)
Commercial motor vehicle plates.
(k)
A two-way radio and/or a cell phone.
(l)
Assortment of hand tools.
(2) At least one flatbed or car carrier with a GVW rating of at least
14,000, with:
(a)
A three-hundred-sixty-degree rotating amber beacon or an approved
light bar.
(b)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway.
(d)
Four tie-down chains or grab hooks.
(e)
Commercial motor vehicle plates.
(f)
A two-way radio and/or a cell phone.
(g)
Assortment of hand tools.
(3) At least one vehicle equipped with tie-down equipment capable of
carrying motorcycles or mopeds. This vehicle may be one of the vehicles
required above.
B. Medium/heavy-duty tow trucks/wreckers.
(1) At least one medium-duty tow truck/wrecker that shall be used for the hauling of trucks, buses or other vehicles that are over four tons, but not exceeding 10 tons. Medium-duty tow trucks/wreckers shall comply with Subsection
A of this section pertaining to requirements for regular-duty tow trucks/wreckers. The heavy-duty tow truck/wrecker may take the place of this required vehicle. In addition to the above requirements, the medium-duty tow trucks/wreckers shall also have or be equipped with the following:
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 5/8 inch or equivalent
(c)
Four double-faced rear flashing amber lights mounted high enough
to be seen over the vehicle.
(d)
A 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/wrecker.
(e)
Detachable amber flashing lights to be attached to the rear
of the towed vehicle.
(2) At least one heavy-duty tow truck/wrecker shall be used for the hauling
of trucks, buses or other vehicles over 10 tons. Heavy-duty tow trucks/wreckers
shall comply with this subsection:
(a)
Vehicle must be a minimum of 25 tons with dual rear wheels.
(b)
A power-takeoff-controlled winch with a minimum cable thickness
of 5/8 inch or equivalent.
(c)
Four double-faced rear flashing amber lights mounted high enough
to be seen over the vehicle.
(d)
A one-half-inch safety chain. The lift chain and safety chain
are not be attached in any form or manner to the same part of the
tow truck/wrecker.
(f)
Connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle.
(g)
Detachable amber flashing lights to be attached to the rear
of the towed vehicle.
(h)
A broom, shovel, absorbent material and sufficient equipment
to clean up any debris on the roadway.
[Amended 10-28-2015; 12-7-2022 by Ord. No. 2022-14]
Charges shall be paid by the vehicle owner or driver for transportation,
hauling or service of disabled vehicles or for any unoccupied vehicle
parked or standing in violation of any provisions of New Jersey State
law or the Code of Colts Neck Township, which shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic, and any
police officer may provide for the removal of such vehicle by an approved
tow truck/wrecker or operator of any approved tow truck/wrecker. The
owner thereof shall pay the costs of the removal and storage before
regaining possession of the vehicle according to the following rates.
Towing and storage contractors shall not charge fees for towing or
storage more than those authorized by this chapter. Unless specified,
the fee includes waiting time.
A. Towing fees.
(1) Conventional tow, vehicles with GVWR up to 10,000 pounds:
(a)
Tow beginning between 8:00 a.m. and 5:00 p.m.: $125.
(b)
Tow beginning between 5:01 p.m. and 7:59 a.m.: $150.
(c)
Federal/New Jersey State holidays, 8:00 a.m. to 7:59 a.m.: $175.
(2) Conventional tow, vehicles with GVWR 10,000 pounds to 26,000 pounds:
(a)
In effect 24 hours per day with the exception of federal/New
Jersey State holidays: $300.
(b)
Federal/New Jersey State holidays: $325.
(3) Conventional tow, vehicles with GVWR over 26,000 pounds:
(a)
In effect 24 hours per day: $500.
(4) Mileage fees, to begin at the scene and ending upon arrival at the
tow yard or requested destination:
(a)
Vehicles with GVWR up to 26,000 pounds: $6 per mile.
(b)
Vehicles with GVWR 26,001 pounds and over: $10 per mile.
B. Winching/recovery fees, if required, per hour:
(1) Standard GVWR up to 10,000 pounds: $125.
(2) Medium-duty GVWR 10,000 pounds to 26,000 pounds: $300.
(3) Heavy-duty GVWR 26,001 pounds and over: $500.
C. Service calls.
(1) Winching service without tow:
(a)
GVWR up to 10,000 pounds: $100.
(b)
GVWR 10,001 pounds to 26,000 pounds: $150.
(c)
GVWR 26,001 pounds and over: $200.
(2) Tire change:
(a)
Beginning between 8:00 a.m. and 5:00 p.m.: $85.
(b)
Beginning between 5:01 p.m. and 7:59 a.m.: $100.
(3) Fuel delivery:
(a)
8:00 a.m. to 5:00 p.m.: $85 plus cost of fuel.
(b)
5:01 p.m. to 7:59 a.m.: $100 plus cost of fuel.
D. Miscellaneous fees.
(1) Scene cleanup: $50.
(a)
$25 per additional bag of absorbent.
(2) Extra employee per hour: $75.
(3) Window cover fee of $25 per window/$75 for tarping entire vehicle.
E. Special towing services.
(1) If special towing services are required, the towing and storage contractor
shall quote the vehicle owner or the owner's authorized representative
directly. In the event that the owner is incapacitated, a written
copy of the price quote should be filed with the Colts Neck Township
Police Department.
(2) Special towing services include, but are not limited to:
(e)
Any other equipment necessary for the removal and cleanup of
the scene.
F. Storage. Storage includes vehicles taken to the contractor's yard
as a result of a motor vehicle crash, impound, or disabled vehicle.
(1) The storage period starts at 12:01 a.m. on the day following the
day the vehicle is placed into storage and ends at 12:00 midnight
each day.
(2) Vehicles released on the same day that the vehicle is placed into
storage will not incur any storage fees.
(3) Storage fees:
(a)
Vehicles with GVWR up to 10,000 pounds: $50.
(b)
Vehicles with GVWR 10,001 pounds to 26,000 pounds: $75.
(c)
Vehicles with GVWR 26,001 pounds and over: $100.
G. Receipt. The towing and storage contractor shall utilize the Colts Neck Township Police Department towing service receipt itemizing all charges as set forth in §
213-15 of this chapter.
H. Violations and penalties; liability for operators who engage in a
pattern and practice of knowingly violating fee limits. Operators
who engage in removal of motor vehicles, or any employee, officer
or agent thereof who engages in a pattern or practice of knowing violation
of the fee limits set herein may be liable to the municipality for
a civil penalty of not less than $25 nor more than $50 for each motor
vehicle stored with the operator. Such penalties will be collected
in a summary manner in the Colts Neck Township Municipal Court in
accordance with the Penalty Enforcement Law of 1999.
A violation of any provision of this chapter shall be punishable as provided in §
1-9 of this Code.
If any section, paragraph, subparagraph, clause or provision
of this ordinance, Code or chapter shall be adjudged invalid or unenforceable,
such adjudication shall apply only to the section, paragraph, subparagraph,
clause or provision so adjudged, and the remainder of this ordinance,
Code or chapter shall be deemed valid and effective.