[[1]HISTORY: Adopted by the Township Council of the Township
of Bridgewater 6-21-1976 by Ord. No. 76-19; amended in its entirety 11-6-2014 by Ord. No. 14-10. Subsequent amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Wreckers" to "Wrecker Roster" 8-3-2023 by Ord. No. 23-12.
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future; words in the plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
discretionary.
B.
AUTOMOBILE
BASIC TOWING SERVICE
(1)
(2)
(3)
CHIEF OF POLICE
CRUISING
DECOUPLING
DEPARTMENT
HEAVY-DUTY WRECKER
INSIDE BUILDING
LABOR
LIGHT-DUTY WRECKER
MEDIUM-DUTY WRECKER
MOTOR VEHICLE
NONCONSENSUAL TOWING
OPERATOR
OUTSIDE SECURED
RECOVERY
ROAD SERVICE
SECURE STORAGE FACILITIES
SHAREHOLDER
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOWING LIST
TOWING PROCESSING FEE
TOWNSHIP
TOWNSHIP LICENSING FEE
TOW RATE
WAITING TIME
WINCHING
WRECKER/TOW TRUCK VEHICLE
VEHICLE ACCESS CHARGE
Definitions. For the purpose of this chapter, the following terms,
phrases, words and derivations shall have the meanings given herein:
All motor vehicles except motorcycles.
The removal and transportation of an automobile or motorcycle
from a highway, street or other public or private road or any parking
area or from a storage facility and other services normally incident
thereto. This does not include recovery of an automobile which is
fixed or has been thrust upon any other object within or without the
right-of-way or berm, nor does it include removal of trucks or buses.
This includes but is not limited to any motor vehicles that can be
driven, under its own power, to the wrecker or the wrecker can pull
up and remove the motor vehicle.
Pursuant to N.J.A.C. 13:45A-31.2 of the rules of the State Division
of Consumer Affairs, "basic towing service" also includes 15 minutes'
waiting time after arriving at the site from which a motor vehicle
will be towed.
Pursuant to N.J.A.C. 13:45A-31.2 of the rules of the State Division
of Consumer Affairs, "basic towing service" also includes issuing
documents for the release of the 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 the motor vehicle to its owner
or other person authorized to take the motor vehicle; and retrieving
a motor vehicle from storage.
The Chief of the Police Department of the Township of Bridgewater
or anyone designated by him.
Driving an unengaged wrecker back and forth on a public street
in a manner primarily calculated to solicit business without being
specifically requested by the police or owner/driver of an automobile
or truck.
Pursuant to N.J.A.C. 13:45A-31.2 of the rules of the State
Division of Consumer Affairs, "decoupling" means 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.
New Jersey Department of Insurance and Banking.
Commercial manufactured truck with wrecker body, Minimum
GVW 26,001 pounds used to tow and recover commercial vehicles over
26,000 pounds GVW as well as passenger vehicles unable to be recovered
by other means.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device at each opening.
The additional work done at the scene by the tow truck operator
that is beyond that required to perform a basic tow, or any additional
manpower needed to complete a recovery, winching or towing of a vehicle.
Used to tow and recover small light-duty vehicles up to 10,000
pounds.
Used to tow and recover small commercial vehicles from 10,001
pounds to 26,000 pounds GVW.
Any automotive vehicle, not operated on rails, with rubber
tires for use on highways and includes, not by way of limitation,
automobiles, as defined hereinabove, trucks, tractor-trailers, buses
and motorcycles.
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle. Nonconsensual towing includes towing
a motor vehicle when law enforcement orders the removal of the vehicle
whether or not the owner or the operator consents thereto.
A person, firm, corporation or other legal entity engaged
in the business of providing wrecker services and storage services
for vehicles towed. This shall include all employees of said firm,
corporation or other legal entity engaged in the business of providing
wrecker services and storage services for vehicles towed.
A motor vehicle storage facility that is not indoors and
is secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
When the tow operator applies his knowledge in a skillful
manner to preserve the condition of the motor vehicle while winching
and/or lifting the damaged vehicle back to a normal towing or loading
position.
Services performed by an operator upon a motor vehicle located
on a highway, street or other public or private road or a parking
area which do not involve towing or are otherwise not incidental to
towing, e.g., jump starts, flat tire repair, mechanical repair.
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
Any person or entity owning 10% or more of the shares of
the wrecker/towing company.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. The twenty-four-hour
period shall commence at the time the storage of the vehicle begins.
A list shall be maintained by the Police Department containing
the names of those wreckers licensed by the Township to respond to
requests for the towing of motor vehicles made by the Police Department.
No operators will be allowed to have more than one spot on the list.
Unless an operator has the ability to perform towing services and
meet the minimum standards required, it will not be allowed on the
list. Any operator already on the list will be grandfathered in, provided
that it can meet the minimum standards except where otherwise noted
in this section.
The charge paid to the Township of Bridgewater as per the provisions of this chapter. Such charge is hereby established to cover costs incurred by the Township of Bridgewater in administration of towing services, automobile releases, reports, advertisement of auctions and notifications to owners. Towing operators shall collect and submit this fee as per this chapter. The towing processing fee is assessed per vehicle per § 216-13 and is separate and apart from the yearly Township licensing fee.
The Township of Bridgewater.
The Township Licensing fee is intended to cover the cost of administrative expenses which include, not by way of limitation, certain investigation with respect to applications and owners of wrecker/towing services and operators of wrecker/towing truck(s), maintenance of rotating wrecker lists, periodic inspection of wrecker and towing services to ensure compliance with the standards and criteria set forth in this chapter and under New Jersey law. The Township licensing fee is assessed yearly pursuant to § 216-4 and is separate and apart from the per-vehicle towing processing fee.
The maximum allowable rates set forth in § 216-13.
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 towing service.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winching cable from
a position that is not accessible for direct hook up by conventional
means for towing and/or loading onto a tow vehicle. Winching is not
pulling a vehicle onto a flatbed carrier or lifting a motor vehicle
by conventional means (tow sling, wheel lift, etc.).
A vehicle driven by mechanical power and employed for the
purposes of towing, transporting, conveying and/or removing any and
all kinds of motor vehicles which are unable to be and actually are
not operated under their own power from one place to another, for
which a charge or fee is exacted. It includes those motor vehicles
equipped with a boom, winches, slings, tilt beds, wheel lifts or under-reach
equipment specifically designed by its manufacturer for the removal
or transport of private passenger automobiles or any other motor vehicle.
A one-time, per-vehicle charge that operators can charge
if they must escort an insurance appraiser, a removing tow company,
the owner of the vehicle or their representative or anyone other than
law enforcement who properly request to see the vehicle. This charge
shall only be assessed after three visits.
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal, suspension and revocation
of all licenses issued under this chapter in the interest of fair
treatment of the motoring public and towing operators and to establish
standards for the operation of towing businesses by licensees and
to set rates for services performed by licensees.
The Township will establish a list of licensed operators that
will provide towing services upon request. The list will be maintained
and administered in a nondiscriminatory, nonexclusionary rotating
basis by the Chief of Police. Official towers shall be placed on the
list in the order in which applications are approved. If the initial
list has already been established, new official towers shall be added
to the end of that list upon the approval of their applications.
A.
No person who wishes to engage in municipal towing at public request,
from the official towing list, shall engage in the business of operating
wrecker or towing vehicles for the aforementioned purposes within
the Township without first obtaining a license therefor. Nothing in
this chapter shall apply to wreckers that pick up disabled vehicles
outside the Township limits and are in the course of taking such vehicles
to a garage or other location either within or without the Township
and to wreckers whose services are typically requested by the driver
or owner of the motor vehicle as opposed to by the Police Department.
B.
The fee for initial and renewal of said license shall be $200. The
renewal fee shall be paid annually by December 31 of each year. For
an initial license, the fee will be due after approval is granted.
A.
Any operator who desires to perform towing work at police request
should submit a completed Bridgewater Township application for wrecker
service license, in duplicate, to the Chief of Police and a statement
that he will not discriminate in the hiring, terms and conditions
of employment in accordance with New Jersey and federal law. By submitting
an application, the tow company owner or shareholder agrees to abide
by all that is contained in this chapter. The owner/shareholder will
be subject to the penalties defined in the chapter should they violate
it. All applications for the renewal of the license must be completed
and submitted to the Chief of Police before December 31. Failure to
return a complete application will result in the tower being removed
from the list.
B.
Information required. The applicant will submit the following information:
(1)
The name, address and phone number of the applicant.
(2)
The name, address and phone number of the operator.
(3)
The names and addresses of all shareholders of the company, if any.
(4)
One phone number of the operator which will be used by the police
department to contact the tower. This number must be available on
a twenty-four-hour, seven-day-a-week basis.
(5)
The year, make, type and model of each wrecker (including heavy wreckers)
used by the operator, its vehicle identification number and New Jersey
registration number.
(6)
The location and size of all operators' vehicle storage lots, together
with such photographs of the same as the Chief of Police may require.
(7)
The names, addresses, and driver's license numbers of all employee-drivers
of the wreckers identified. Employee-drivers must possess a valid
driver's license, from one of the 50 states, prior to the date of
application. A photocopy of the state license and a certified driver's
abstract for each employee-driver must be attached to the application.
The same shall also be attached for the operator if he/she is an individual
who will be operating a wrecker. A current and up to date abstract
shall be provided with the renewal application.
(8)
A completed New Jersey State Police SBI-212A Form for every employee
of the operator.
(9)
Copies of any and all successful civil complaints filed against the
operator, its agents, workers or employee-drivers for deceptive business
practices, including but not limited to insurance fraud, price gouging
or other similar complaint or offense.
(10)
A description of the security features of the vehicle storage
lots.
(11)
A list of the names, addresses, policy numbers and coverage
of the insurance required by this chapter, together with a signed
indemnification agreement pursuant to this chapter. The form of such
indemnification agreement shall be provided by the Chief of Police.
C.
Minimum equipment standards.
(1)
All applicants must be able to provide tow service for any situation
that the Township requires and be available 24 hours a day, seven
days a week. The following shall serve as a minimum standard for light-duty,
medium-duty and heavy-duty wreckers.
(a)
Light- and medium-duty: With the exception of those operators
who are presently on the Township rotating list, new operators will
be required to have a minimum of two flatbed trucks and one hydraulic
wrecker truck.
(b)
Heavy-duty: Heavy-duty operators will be required to have a
minimum of one heavy-duty truck.
(2)
Light-duty (10,000 pounds and below GVWR capacity):
(a)
Dual rear wheels or equivalent.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(e)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours, colored.
(f)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(3)
Medium-duty (small commercial type vehicles from 10,001 to 26,000
pounds):
(a)
Dual rear wheels.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
Air brakes.
(e)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(f)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(g)
Connecting airlines for connection with the air compressor and
air brake lines of code vehicles.
(h)
A brake caging tool.
(4)
Heavy-duty (32,000 pounds or more GVWR capacity):
(a)
Dual rear wheels.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
Air brakes.
(e)
At least one amber rotating beacon or strobe light mounted on
the highest practical location on the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(f)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber or red colored.
(g)
Connecting airlines for connection with the air compressor and
air brake lines of code vehicles
(h)
A brake caging tool.
(5)
All wreckers shall be equipped with the following:
(a)
One large street broom and shovel.
(b)
Safety flares for night work.
(c)
Speedy-Dry or equivalent absorbent material for fluid spills
and containers to remove same.
(d)
Fire extinguisher (ABC type).
(e)
Basic set of automotive tools needed to complete any service
or tow.
(f)
Two-way communications capabilities.
(6)
All drivers will wear a serviceable A.N.S.I. class II or III retro-reflective
garment while working in the roadway.
(7)
All wreckers licensed under this chapter shall be in compliance with
all the applicable provisions of Title 39, New Jersey Motor Vehicle
Traffic Regulations.
(8)
Storage.
(a)
The operator must have available space to properly accommodate
and protect all vehicles towed at the request of the Township. This
includes both inside and outside secured storage.
(b)
The operator will be responsible for the safe storage of all
vehicles towed.
(c)
The storage area must be enclosed with a minimum six-foot-high
fence, wall or barrier.
(d)
The storage area must be secured and, if it is an outside storage
facility, must be adequately lighted from dusk to dawn.
(e)
The storage area must be legally zoned for such use.
(f)
No vehicles will be stored in an unsecured area or allowed to
remain on public property or any public street.
(g)
The storage facility to which the vehicle is towed shall have
a business office open to the public between 8:00 a.m. and 6:00 p.m.,
Monday through Friday, excluding holidays. To accommodate customers
who cannot retrieve the vehicle within that timeframe on those days,
the towing company shall allow the vehicle to be released on Saturday
between 8:00 a.m. and 4:00 p.m. or shall make other reasonable arrangements
to allow the vehicle to be released. The tow companies shall not delay
the release of any vehicle upon the owner's request, by any means,
without the permission of the Chief of Police, excluding nonconsensual
towing. In instances of nonconsensual towing, vehicles shall be released
only with the consent of the Chief of Police or his designee.
[Amended 8-3-2023 by Ord. No. 23-12]
After receiving a completed Bridgewater Township application
for addition to the wrecker roster, the Chief of Police shall conduct,
or shall cause to be conducted, an investigation. The information
contained in this application must be updated annually by the applicant
before December 31 of each year. The purpose of the investigation
shall be to determine the validity and truthfulness of all information
contained in the application including:
A.
Driver's license and criminal background checks utilizing the
New Jersey State Police SBI-212A Form (Request for a Criminal History
Record Information for a Non-Criminal Justice Purpose) of the owner(s)
and all wrecker/tow truck operators, shareholders, and officers of
the applicant's corporation must be performed at the time of
the initial application and then at each annual renewal, the cost
of which shall be borne by the applicant.
(1)
The applicant shall submit the names of any new wrecker/tow truck
operators, shareholders and officers along with a completed New Jersey
State Police SBI-212A Form within 10 business days of the organizational
change in order to facilitate the background investigation by the
Bridgewater Police or other law enforcement agency, as appropriate.
Only drivers who are included on the operator's application,
should it be approved, will be allowed to tow vehicles on behalf of
the Township. Instructions on how to complete the SBI-212A Form via
the appropriate online portal can be found on the Township's
wrecker roster application guide or at the New Jersey State Police
website at https://www.njportal.com/NJSP/CriminalRecords. Furthermore,
all business operators shall complete and submit for each of their
wrecker/tow truck drivers a driver's license abstract which can
be obtained through the New Jersey Motor Vehicle Commission.
B.
All applicants for the wrecker roster must satisfy the Township mandate
that they can and will respond to any police-initiated call for towing
service anywhere in the Township within 20 minutes of being dispatched.
The applicant must annually (by December 31) submit a detailed wrecker/tow
fleet vehicle inventory indicating make, model, and capacity for each
vehicle to be used within the Township. The twenty-minute response
requirement shall apply at all times, 24 hours per day, 365 days per
year, and shall apply to all classes of tow vehicle: light-, medium-,
or heavy-duty.
C.
To insure prompt and efficient responses for day or night services, applicants shall have a site within an eight-mile radius of the center point of Bridgewater Township, which has been determined is the intersection of Mine and Crim Roads. At the applicant's site within the aforementioned radius, the applicant shall have appropriate minimum equipment as provided for in § 216-5 of this chapter, and the site shall be a location consistent with the Township's zoning requirements to stage tow equipment.
D.
All wrecker roster equipment utilized by the applicant must be maintained
in a thoroughly safe and in sound condition and comply with the regulations
and standards of this chapter as well as any applicable provisions
of the New Jersey Statutes. All wrecker roster equipment is subject
to inspection by the Township Police Department or other such outside
agency as may be determined by the Township Police, such as a state
motor vehicle inspection service.
E.
The applicant must demonstrate that they have adequate and available
equipment and facilities to perform effective and efficient tow operations.
Any vehicle towed at the request of the Township must be stored in
a safe and secure facility which must be fenced and locked if outside
of a building. There must be a publicly noticed schedule of days and
times for vehicle owners to access their vehicles, not only during
regular business hours but also on weekends and holidays with a reasonable
accommodation for after-hours access any day of the year.
F.
Whether the applicant has the proper licenses, trade and business
references and relationships.
G.
Whether the applicant has sufficient, safe and reasonably proximate
storage facilities which are available 24 hours a day, 365 days per
year.
H.
If the applicant, its shareholders and officers have charges pending
with respect to a criminal offense.
I.
If the applicant has previously served on the official Township of
Bridgewater wrecker roster, whether there have been written complaints
made by members of the public about the applicant, whether the applicant
has ever been previously investigated for violations of this chapter,
the results of those investigations, and whether those investigations
or written complaints should have a bearing on whether the applicant
should be recommended for approval to the roster.
[Amended 8-3-2023 by Ord. No. 23-12]
A.
Upon completion of their investigation, the Chief of Police shall
forward a copy of the completed Bridgewater Township application for
wrecker service license to the Mayor along with a written recommendation
for approval or disapproval of the license and the reason(s) for disapproval,
if applicable.
B.
Upon receipt of the application, the Mayor, based upon a favorable recommendation by the Chief of Police, may approve the license and the applicant's name will be placed at the end of the towing list. If the Mayor shall receive from the Chief of Police a recommendation for disapproval of the license, the Mayor may deny the license and the application shall be deemed rejected, subject to the applicant's right to appeal this determination as set forth in § 216-8.
C.
Upon receipt of notice by the Mayor from the Chief of Police that the applicant has been recommended for approval and upon compliance by the applicant with § 216-9, Insurance and hold harmless agreement, herein, and upon payment by the applicant of the license fee of $200, the Chief of Police shall have the new operator placed on the official wrecker roster and the operator shall be issued a license. Any license issued under this chapter shall be valid for a period of one year, except that any license issued during a calendar year shall only be valid until December 31 of that same year. The license is nontransferable. The license fee shall be used for the cost of reviewing all background checks required to be placed on the official wrecker roster.
D.
In addition to his power to recommend the disapproval of a license, the Chief of Police, in his discretion, and with approval of the Mayor, may make a determination to temporarily deny, suspend or revoke the license, pending the outcome of an appeal, as delineated in § 216-8 below, under the following circumstances:
(1)
When it is found that the license was secured by fraud or concealment
of material facts by the owner or their employees, which facts, if
known, would have caused the refusal to issue the license.
(3)
When the Chief of Police is not satisfied, based on compliance with this chapter and § 216-11 in particular, with the services of the operator and/or employees or with the cooperation or lack thereof with the Township or the owner/driver of the towed motor vehicle in rendering such services.
(4)
When it is found that the operator has violated state or federal
law or regulation dealing with the issue of insurance.
(5)
When it is found that the operator does not meet the minimum standards set forth in § 216-5C of this chapter.
(6)
When it is found that the operator or any of its shareholders, officers,
employees or drivers of its wrecker vehicles has been convicted of
any violation of New Jersey Statutes, Title 2C, Chapters 11 through
41, for crimes of the fourth degree through the first degree or for
a conviction for any indictable or felony crime in any other state.
(8)
When the results of any investigation into an operator reveal violations
of any provisions of this chapter.
(9)
When the applicant has not filed all of the required paperwork with
the Police Department for either an initial or a renewal application
for addition to the wrecker roster by the December 31 deadline.
[Amended 8-3-2023 by Ord. No. 23-12]
Once the Chief of Police has either made a recommendation to
disapprove a license application resulting in the Mayor disapproving
and rejecting the application or made a determination that an existing
license will be temporarily suspended or revoked, the operator may
appeal that decision and request a hearing by the Mayor or his/her
designee in accordance with the following procedure:
A.
Within 10 calendar days of the date of the Township's decision
to suspend an operator or the Mayor's disapproval of the application
based on the Chief's recommendation, the operator will receive
via certified mail a written notice from the Chief of Police setting
forth his recommendation and/or determination and the reasons therefor.
During this ten-day period, the operator shall not be eligible to
receive Township-initiated calls for services.
B.
The operator shall be given the opportunity for a mutually agreed
upon hearing within 45 days of receipt of that written notice, with
14 days' advance written notice of the hearing date.
C.
The Mayor or his/her appointee shall consider the matter at a hearing
open to the public, at the discretion of the operator, and may request
that the operator appear and give testimony and/or provide documents,
photographs or other relevant evidentiary material to refute the basis
for the charge that the license should be denied, suspended or revoked,
as the case may be. The operator shall be afforded the right to be
heard, be represented by legal counsel, and offer evidence including
presenting witness(es), documents, photographs and other relevant
evidence regarding the charge that the license should be denied, suspended
or revoked. After considering the matter and the evidence presented,
the Mayor or his/her appointee within seven business days after conclusion
of the hearing shall make certain findings and conclusions relative
to the charge which shall constitute the decision.
D.
If the Mayor or his/her appointee finds in support of the charge
and against the operator by a preponderance of the credible evidence,
the Mayor or appointee may consider and impose the following penalties:
denial of the license to the applicant or operator; suspension of
the tow company or operator from the wrecker roster for a fixed period
or duration; revocation of such license for a fixed period or duration;
termination of the license; prohibiting employees violating any part
of this chapter from performing any work related to towing requested
by the Township or any other such penalty as the Mayor or appointee
deems just and equitable under the circumstances. If the Mayor does
not find in support of the charge and determines that the operator's
appeal should be successful, the Mayor may issue the license and place
the operator on the wrecker roster or rescind the suspension and restore
the operator to the active roster.
E.
In considering the imposition of penalties, the Mayor or appointee
shall take into account factors including, but not limited to, any
prior violations, the nature and seriousness of the complaint and
the danger to the health, safety and welfare of the public.
All insurance companies must be authorized to do business in
New Jersey and must be acceptable to the Township. Such acceptance
shall not be withheld unreasonably.
A.
No wrecker license shall be issued under this chapter until the applicant
has deposited with the Chief of Police the following insurance policies:
(1)
Garage keeper's policy. A garage keeper's liability policy shall
be in the minimum amount of $100,000 per location. Each vehicle damaged
shall be deemed a separate claim.
(2)
Garage liability; motor vehicle liability; comprehensive general
liability; and miscellaneous coverage. The wrecker/towing service
shall maintain general liability and personal injury insurance coverage,
in a form satisfactory to the Township, which shall be for an amount
not less than $1,000,000 combined single limit and $1,000,000 umbrella/excess
liability coverage, which insurance policy shall indemnify the Township
against any loss due to vehicles, accidents or damages of any character
whatsoever, where any such loss is the result of an act or omission
of the wrecker, his agents or employees or due to the execution of
the work called for under the contract, including but not limited
to damages or loss sustained to any vehicle contents, if such vehicle
is in the towing service company's possession. Liability insurance
policies shall be specifically endorsed to provide collision insurance
for vehicles in tow. The Township of Bridgewater shall be named as
additional insured and all liability policies and the insurance certifications
shall indicate such fact and shall be presented to the Township Clerk
for filing.
B.
Every policy required under this section must contain an endorsement
by the carrier providing 30 days' notice of cancellation to both the
Chief of Police and the insured or in the event of any change in coverage
under the policy.
C.
In the event that the policy is changed so as to conform with any
of the requirements contained herein or a policy of the operator is
cancelled for any reason, the Chief of Police shall notify the person
responsible for the policy, and it shall be corrected or reinstated
or replaced with a conforming policy within 10 days after notice is
received and before the date of cancellation, and in no event will
any license be valid after cancellation of such policy. If the policy
or certificate is not corrected, reinstated or replaced within the
required time, the Chief of Police shall immediately suspend and remove
the operator from the official towing list. If said corrections, reinstatements
or replacements of insurance in compliance with this chapter do not
occur within 30 days of suspension, the license shall be revoked and
the Chief of Police shall pick up from the owner all indicia of licensing.
D.
Applicants shall agree in writing to assume the defense and indemnify
and hold harmless the Township of Bridgewater, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Township may be subjected
of any kind or nature whatsoever resulting from, caused by, arising
out of or as a consequence of the providing of towing, wrecking, storage
and/or emergency services provided at the request of the Township
pursuant to this chapter. Operators shall enter into a hold harmless
agreement in a form to be prepared by the Township Attorney prior
to being included on the official tower's list.
E.
Proof of worker's compensation coverage in accordance with the New
Jersey State statutes shall also be provided to the Township.
A.
The Township shall request wrecking, towing and storage services
from each operator in rotation. When called, the operator shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if response time will exceed
20 minutes, the next operator on the list shall be called, and the
original operator called shall be placed at the bottom of the rotation
list. If none of the operators are available or able to provide such
services as requested by the Township, the Township may request such
services from any other available source.
B.
It is specifically permitted for the Chief of Police or his designee to call an operator out of sequence if the nature of the wreck requires specialized equipment or if estimated response time makes it practical to do so. See § 216-13 regarding the types of specialized equipment.
C.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, operators shall give priority to requests from the Township
over any other requests which may be received by the operators.
D.
The Police Department retains the right to assign the Department/Township's
internal towing capabilities for police-related enforcement and initiatives
that are emergent in nature, present an extraordinary set of circumstances,
and/or require services related to a specialized law enforcement function,
including but not limited to police impounds, DWI checkpoints, and
vehicle inspections; along with such other police related activities
as the Police Department in its sole discretion deems appropriate.
These tasks will be performed by approved Township employees in Township-approved
tow trucks, and the operators of said tow trucks shall be held to
the same standards as those of the towers on the rotating list. All
remaining police-related towing requirements and all non-police-related
tow requirements shall be assigned to the official towers on a rotating
basis as set forth above.
A.
The Chief of Police or his designee, shall maintain due diligence
over all wrecker vehicles included in the Township application and
see that they are kept in safe condition for transporting or hauling
disabled motor vehicles and shall have the right at all times to inspect
the aforementioned wreckers and shall maintain a written report of
all such inspections.
[Amended 8-3-2023 by Ord.
No. 23-12]
B.
If at any time the Chief of Police or his designee shall find equipment
inadequate or unsafe, they shall have the power to demand immediate
correction and, if not so corrected by the operator to the satisfaction
of the Chief of Police, the Chief of Police shall have the power to
suspend the license until such time as the corrections and/or repairs
are made, all in accordance with Title 39 of the New Jersey Statutes
Annotated.
[Amended 8-3-2023 by Ord.
No. 23-12]
C.
The operator, through its authorized agents, must agree to follow
the instructions and orders of the police officers in charge of the
removal scene. The operator shall remove any vehicles which the Police
Department may lawfully direct it to so do and shall store the same
at its secure lot or storage facility until said vehicle is reclaimed
by the lawful owner or otherwise disposed of according to law.
[Amended 8-3-2023 by Ord.
No. 23-12]
D.
The operator shall be responsible for any vehicle and the contents
thereof after receiving said motor vehicle in its custody and shall
reimburse the owner of any such motor vehicle removed by it for any
such damage or loss sustained to any motor vehicle or its contents
while said motor vehicle is in the operator's possession.
E.
The operator shall not make any repairs to any vehicle towed or removed
by it as provided hereunder without first receiving written authorization
from the owner thereof or authorized agent.
[Amended 8-3-2023 by Ord.
No. 23-12]
F.
The tow operator, in removing damaged or impounded automobiles and
light vehicles, including pickup trucks, minivans, motorcycles and
vans, shall use, at a minimum, the vehicle manufacturer's suggested
towing or removal method, including, but not limited to, a hook tow,
dolly, winch, sling, wheel lift or under reach or flatbed.
[Amended 8-3-2023 by Ord.
No. 23-12]
G.
The operator shall be responsible for removing all debris from a
crash scene. This will include sweeping the roadway and removing all
broken glass, plastic and other parts and removal of such debris from
the scene. This will be done with no charge to the Township.
H.
All towing service charges shall be paid by the owner or operator
or any person, firm or corporation having the right to possession
of any motor vehicle moved or stored by the towing service/wrecker
company as provided for herein, and the Township of Bridgewater shall
not be liable for the payment of any sum to the wrecker/towing service
which may be due on account of any towing, removal or storage.
[Amended 8-3-2023 by Ord.
No. 23-12]
I.
All wrecker roster chapter standards and operational requirements
shall be made available to the public at the office of the Municipal
Clerk during normal business hours. All requirements and fee schedules
shall also be posted at the storage facility. All operators of towing
facilities will have copies of the Bridgewater Township wrecker ordinance
available for review upon the customers' request.
[Amended 8-3-2023 by Ord.
No. 23-12]
J.
In all of his/her dealings with the public in connection with this
chapter, the operator is expected to always act in a professional
manner and, at all times, to be courteous and respectful toward members
of the public as well as members of the Township Police Department.
While members of the public, especially those whose cars have been
towed and impounded, may, at times, resort to strong language, threats
and unbecoming behavior toward the operator, the operator is expected
to exercise restraint and not to respond in kind and thereby reflect
unfavorably upon the Township and/or the Police Department. No operator
shall represent to any member of the public that he is an employee
of the Township.
[Amended 8-3-2023 by Ord.
No. 23-12]
K.
Reports of discourteous behavior, unauthorized or excessive fees and damages to motor vehicles by the operator which can be substantiated and documented may be considered by the Township as sufficient cause for termination or suspension from the rotation list. All fees charged by operators must conform to the schedule contained in § 216-13, and if the fees charged cannot be substantiated by matching Section 216-13, such fees shall be considered unauthorized fees.
[Amended 8-3-2023 by Ord.
No. 23-12]
L.
Each operator shall maintain adequate and complete records showing
all vehicles towed, stored and released, all services rendered and
all fees charged and collected. All records shall be available for
inspection by the Township at any time during normal business hours.
Records shall be maintained by the operator and shall be retained
for a period of four years. Records may be written, printed or computerized
as long as the requirements of this subsection are met. Operators
shall forward a true and accurate copy of all tow receipts for the
vehicles towed on behalf of the Township of Bridgewater during that
month, to ensure compliance with the wrecker ordinance. The list must
contain the date the vehicle was towed, the location of the tow, the
make, model, year, vehicle registration, date and time of storage,
date and time of release from storage and total fee charged. The list
and copies of the bills, along with the Township processing fee for
each vehicle towed and released, must be forwarded to the Police Department
no later than the 15th day of each month for details of the prior
month.
[Amended 8-3-2023 by Ord.
No. 23-12]
M.
The operator shall make all tow vehicles available to the Police
Department for inspection at any time during normal business hours.
All changes to the wrecker roster vehicles must be filed with the
Chief of Police prior to that vehicle being inspected by the Township
Police Department and their being placed in service on behalf of the
Township.
[Amended 8-3-2023 by Ord.
No. 23-12]
N.
All tow vehicles must be clearly permanently marked with the name
of the operator. Every tow vehicle shall display the operator's
business name, address, and telephone number as listed on the official
Township towing license and, if applicable, vehicles must display
the vehicle's gross vehicle registered weight. All vehicle lettering
must conform to the provisions of N.J.S.A. 39:4-46a and 39:4-46b.
[Amended 8-3-2023 by Ord.
No. 23-12]
O.
No operator may engage in the act of cruising. This requirement is
intended to prohibit operators from soliciting business at the scenes
of crashes and emergencies. This shall not be construed to prohibit
any operator from contracting with any person, firm or corporation,
provided that the operator, his agents and employees, do not solicit
towing contracts at the scenes of crashes or emergencies.
P.
A license issued to an operator under this chapter shall not be transferable.
Subcontractors have not been subject to the investigation process
established by this chapter and, therefore, are prohibited from towing
for the Township.
Q.
Each licensee shall produce his license when called upon to do so
during the course of any police authorized towing under this chapter.
Every tow vehicle or flat vehicle shall have the name of the official
tower displayed on the vehicle in such manner and of such lettering
as conforms to the provisions of N.J.S.A. 39:4-46.
[Amended 8-3-2023 by Ord.
No. 23-12]
R.
For services rendered or to retrieve a motor vehicle from storage, the operator shall accept payment by cash, a check issued by an insurance company, a valid debit card or a valid major credit card or charge card subject to the provisions of N.J.S.A. 56:13-16g of the Predatory Towing Prevention Act and 56:13-4b, the latter of which states: "The operator may request additional identification, as determined by the Director of the Division of Consumer Affairs, before proceeding with the towing. Unless the motorist is unable to produce such identification or the operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or clearly offered with intent to defraud the issuer, the debit card, charge card or credit card shall be deemed an acceptable form of payment in lieu of cash if the operator ordinarily accepts the card at his place of business. Nothing in this act shall preclude payment by a motorist in the form of check or money order, if this form of payment is acceptable to the tow operator." Upon payment of the appropriate fee, the operator shall release the vehicle to the appropriate party in a diligent manner. Failure to communicate a reasonable timeframe for the release of a vehicle shall be considered a violation of Subsection 216-11J and/or K.
[Amended 8-3-2023 by Ord.
No. 23-12]
S.
Operators are prohibited from retaining personal property located in a vehicle as leverage to coerce payment. Property must be returned to the owner upon request in a diligent manner. Failure to communicate a reasonable time frame for the return of any property held by an operator shall be considered a violation of Subsection 216-11J and/or K.
[Amended 8-3-2023 by Ord.
No. 23-12]
T.
Pursuant to N.J.S.A. 56:13-16e, it shall be an unlawful practice
to fail, when so requested by the owner or operator of a vehicle subject
to a nonconsensual towing, to release a vehicle to the owner or operator
that has been, or is about to be, hooked or lifted but has not actually
been moved or removed from the property when the vehicle owner or
operator returns to the vehicle or to charge the owner or operator
requesting release of the vehicle an unreasonable or excessive decoupling
fee.
U.
All operators responding to a heavy-duty tow that require more than
the basic tow requirements shall have a recovery supervisor on scene
that is certified by a nationally recognized organization.
(2)
Each heavy-duty recovery supervisor must obtain a certification from
a nationally recognized organization as determined by the Chief of
Police or his designee. Each tow truck operator must obtain certification
within nine months from the start of employment and must receive training
in an industry recognized recovery course every two years keeping
current with the industry standards.
(3)
All certifications will be verified and maintained at police headquarters
annually.
(4)
Each recovery supervisor shall obtain a Level III certification from
T.R.A.A. or the equivalent Level 6/7 from Wrecker Master.
(5)
All operators shall have six months to complete the required training
to operate as light-, medium-, and heavy-duty operator.
Complaints against and violations by operators:
A.
All complaints involving vehicles towed or stored, with or without
the owner's consent, regarding the improper or unsatisfactory performance
of services by an operator, violation of this chapter or applicable
law, excess charges or damage to a motor vehicle while in custody
of the operator shall be made to the Chief of Police. If complaints
are made to any other office or employee of the Township, they shall
be promptly forwarded to the Chief of Police
B.
In the event the complaint is received by the Chief of Police, a
written notice of the same shall be provided by the Chief of Police
or his appointee to the complainant and the operator. After a complaint
is received by the Chief of Police, he shall direct an investigation
of the circumstances surrounding the complaint.
C.
If the investigation reveals that there has been no violation of
the Township Code, the complainant and the operator shall be given
written notice of the same.
D.
If the investigation reveals a violation of this chapter 216 of the Township Municipal Code, the Chief of Police may, in his discretion, make a determination to suspend temporarily, pending appeal, the operator from the tow list and notify the Mayor in writing with his reasons therefor. Once the Chief of Police has made the determination to temporarily suspend the license, the operator may appeal that decision and request a hearing by the Mayor or his designee in accordance with the same procedure outlined in § 216-8.
[Amended 8-3-2023 by Ord. No. 23-12]
A.
The below listed fees are the only allowable charges for vehicles towed at the request of the Township Police Department. No tow company will charge any additional fees that are not listed in § 216-13, Towing and storage fee schedule. The rate per tow vehicle only applies if the truck is actually used in the removal or conveyance of the vehicle. All dates and times for the storage and releasing of vehicles will be documented for the purposes of the fee schedule. The Township shall provide each tower with an annual fee schedule which shall include and describe the fees contained herein, including the vehicle processing fee as described below.
B.
All allowable fees shall be the maximum fees permitted by the New
Jersey State Police and shall be updated as appropriate by Township
Council action to reflect the newest maximum allowable rates permitted.
The current rate schedule can be found through the Garden State Towing
Association or online at https://gsta.org/state-police-rates/.
C.
Mileage will not be charged for vehicles towed from the scene to
the operator's storage facility or to a location in the Township.
A charge of $4 per mile is allowable for vehicles towed from the scene
at the request of the vehicle owner or operator to a location outside
of Bridgewater Township. In addition to the above listed fees, the
operator will collect a $50 per vehicle Township processing fee on
all released vehicles. This fee will be paid to the Township by the
operator by the 15th of each month from the release of the vehicle
from the previous month. This fee only applies to vehicles that were
towed at the request of Bridgewater Township. It excludes any and
all vehicles abandoned at the operator's yard in which a junk
title must be obtained or if the vehicle's owner turns over the
title to the operator in place of payment. Operators will note on
bill: "Fee of $50 to Bridgewater Township for administrative charges."
The vehicle processing fee shall be included and described in the
annual fee schedule provided by the Township to all towers. This administrative
charge shall be used for the proper implementation of this chapter
and for the administrative oversight of the towing process.
D.
If the Township of Bridgewater specifically requests the storage
of any vehicle by the tower, the fees charged to the Township of Bridgewater
shall be governed by N.J.S.A. 40:48-2.50, as amended.
E.
The Bridgewater Township Police Department's impound lot will
be designated as an outside secured storage facility.
F.
The Bridgewater Police Department shall not be responsible for retrieving
vehicles once towed to the facility of a member of the wrecker roster
and will only facilitate vehicle owners retrieving their vehicles
as a courtesy without interference with the daily operation of the
tow operators.
[Amended 8-3-2023 by Ord. No. 23-12]
A.
Any operator unable to respond or meet the response time requirement
to four or more Police Department dispatch requests per month will
be subject to removal from the approved list with the approval of
the Mayor or their designee.
B.
Municipal penalties.
(1)
Operators shall be subject to the following penalties in certain
circumstances. Violators of this section, at the discretion of the
Chief of Police, will be issued a summons which will be heard in the
Township's Municipal Court.
(2)
For a violation of § 216-10A, regarding wrecker response times, operators shall be subject to the following penalties:
(a)
The first and second violation in any given calendar year will
result in a warning letter sent via certified mail from the Chief
of Police, with a copy to the Mayor and Township Administrator, to
the business owner at their registered place of business.
(b)
The third violation in any calendar year will result in a seven-day
suspension from the police tow list and a fine of $225.
(c)
The fourth violation in any calendar year will result in a fourteen-day
suspension from the police tow list and a fine of $250.
(d)
The fifth violation in any calendar year will result in a suspension
from the police tow list for 30 days and a fine of $275.
(e)
The sixth violation in any calendar year will result in a suspension
from the police tow list for the remainder of the calendar year. The
operator will be ineligible to apply for a wrecker license the following
calendar year. If the applicant chooses to reapply in the future with
the same corporate structure and business address, a surcharge of
$300, payable to the Township, to be filed with the application, is
required.
(3)
For a violation of any of the provisions of this chapter not addressed
above, such as discourteous or unruly operator behavior, owners/operators
shall be subject to the following penalties:
(a)
The first violation in any given calendar year will result in
a warning letter.
(b)
The second violation in any calendar year will result in a fifteen-day
suspension from the police tow list and a fine of $225.
(c)
The third violation in any calendar year will result in a thirty-day
suspension from the police tow list and a fine of $250.
(d)
The fourth violation in any calendar year will result in a suspension
from the police tow list for the remainder of the calendar year. The
operator will be ineligible to apply for a wrecker license for the
following calendar year and be subject to a $300 surcharge if applying
in the future.
C.
The decision to issue summons(es) which would be heard in the Township's Municipal Court for alleged violations of this chapter shall not in any way impugn the Chief of Police's discretion, with approval of the Mayor, to suspend an operator's license as outlined in §§ 216-7 and 216-12 and shall constitute a separate and distinct proceeding.
The Police Department of the Township of Bridgewater shall be
responsible for enforcement of the provisions of this chapter. The
Chief of Police shall establish and cause enforcement of such reasonable
rules and regulations for operators as from time to time he deems
appropriate, for the safety, well-being and protection of citizens
within his jurisdiction and their property. All operators are required
to comply with these rules and regulations as well as with all the
provisions of this chapter.
A.
Any vehicle that has been towed by any operator at the request of
the Police Department will be considered "in the possession of the
public agency." If a vehicle that has been towed at the request of
the Police Department has not been claimed by the owner/lien holder
and remains in storage at the operator's storage facility for a period
of 10 days, the operator shall notify the Police Department. Operators
shall make every effort to notify the registered owner of the vehicle.
The Police Department and operators shall at all times adhere to the
requirements of N.J.S.A. 39:10A-1 with regards to vehicles that are
abandoned under the provisions of that statute.
B.
If the owner/lien holder has failed to make arrangements for the
removal of the vehicle within 20 days, the Police Department will
immediately notify the Chief Administrator of the Motor Vehicle Commission
and the National Insurance Crime Bureau. The Police Department will
then follow the procedures established by N.J.S.A. 39:10A-1 regarding
abandoned and unclaimed motor vehicles.
A.
Every operator shall record, whether in a hardbound book or in a
computer-based system, solely for such purpose, the details of each
disabled vehicle towed, serviced or transported, together with full
information concerning the details surrounding the hiring, the names
of the owner of the towed vehicle and of the person who has come to
retrieve the vehicle at the owner's request, with the exception that
it is expressly required that each operator maintain a hard-copy receipt
of all services provided for under this chapter, which receipt shall
bear the original signature of the person to whom the vehicle was
released.
B.
The record book described hereinabove shall be kept open for inspection
during normal business hours by the Chief of Police or any duly authorized
representative of the Chief of Police.
C.
All operators shall maintain a record regarding all vehicles impounded
at the request of the Township of Bridgewater Police Department. These
vehicles may include abandoned vehicles, recovered stolen vehicles
or vehicles held for investigation by the Police Department. This
record shall be made available to any Police Officer for inspection
upon request and shall contain the following information:
(1)
The date, time, location and name of the operator-driver who towed
the vehicle at the Department's request.
(2)
The physical location of the vehicle after being towed (time at start
of storage and time of release).
(3)
Identification of the impounded vehicle to include make, year, model,
vehicle identification number, license number and name of registered
owner, if known.
(4)
A vehicle impounded by the police shall not be released without a
written tow order release form authorizing this release.
(5)
A written record shall be kept or maintained by the operator indicating
the name of the person releasing the vehicle, the type of proof of
ownership presented and the name of the person receiving the vehicle.
(6)
The operator shall submit a true and accurate copy of all tow receipts
for the vehicles towed on behalf of the Township of Bridgewater during
that month. These receipts, along with the Township processing fee,
must be received by the Police Department by the 15th day of each
month.
Every official operator shall furnish, at its expense, the owner
of a disabled vehicle with a copy of towing and storage rates as provided
by this chapter. Furthermore, the Township, through the Municipal
Clerk's Office and Police Department, shall make available all regulations
and fee schedules under this chapter to any member of the public during
normal business hours.
Nothing contained herein shall prevent or limit the right of
any person to commence or maintain an action for damages or any other
relief, whether civil or criminal, against an operator, the Township
of Bridgewater or its officials or employees for complaints relating
to the towing of the vehicle in a court of competent jurisdiction.
The provisions of this chapter shall, in no manner, be construed to
restrict or otherwise limit the Township or the Police Department's
ability to investigate, prosecute or enforce any other laws, rules,
regulations or contract remedies available.
