[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 205 of the 1998
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Ewing Township Towing Ordinance."
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
Charges for post-accident services, including but not limited
to services such as physical inspection, removal of personal items,
correspondence or contact with insurance companies, owners, and salvage
companies, and additional paperwork.
[Added 10-8-2019 by Ord.
No. 19-19]
A private passenger automobile of a private
passenger or station wagon type that is owned or hired and is neither
used as a public or livery conveyance for passengers nor rented to
others with a driver and is not regularly used in the occupation,
profession or business of the owner or operator other than farming
or ranching;
A motor vehicle with a pickup body, or delivery
sedan, a van or a panel truck, or camper-type vehicle used for recreational
purposes that is owned or hired and is neither used as a public or
livery conveyance for passengers nor rented to others with a driver
and is not regularly used in the occupation, profession or business
of the vehicle owner other than farming or ranching; or
An automobile owned by a farm family copartnership
or corporation which is principally garaged on a farm or ranch and
which is not regularly used in any occupation, profession or business
other than farming or ranching.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
When used in this chapter to describe a motor vehicle, "disabled"
shall mean any motor vehicle which requires removal by a tow vehicle,
including but not limited to motor vehicles damaged in an accident,
recovered after theft, abandoned motor vehicles and motor vehicles
which require towing service by order of the Police Department due
to being unregistered, uninsured, or whose operators are unable to
safely operate the motor vehicle or are operating the motor vehicle
in violation of the law of any state or political subdivision thereof
or federal law.
A building where automobiles are sheltered, stored, repaired
and made ready for use, and it is specifically intended not to include
within the meaning of this definition a gasoline service station used
principally for furnishing gasoline, oil, lubrication service and
minor services for automobiles.
The maximum operating weight of a motor vehicle, as specified
by the manufacturer, including the vehicle's chassis, body, engine,
engine fluids, fuel, accessories, driver, passengers, and cargo.
[Added 10-8-2019 by Ord.
No. 19-19]
Any Class 7 or Class 8 motor vehicle as classified by the
Department of Transportation's Federal Highway Administration
and determined based on the vehicle's gross vehicle weight rating.
[Added 10-8-2019 by Ord.
No. 19-19]
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 on each opening.
Any Class 1 or Class 2 motor vehicle as classified by the
Department of Transportation's Federal Highway Administration
and determined based on the vehicle's gross vehicle weight rating.
[Added 10-8-2019 by Ord.
No. 19-19]
Any Class 3, Class 4, Class 5, or Class 6 motor vehicle as
classified by the Department of Transportation's Federal Highway
Administration and determined based on the vehicle's gross vehicle
weight rating.
[Added 10-8-2019 by Ord.
No. 19-19]
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the vehicle owner
even if they were caused by the intentional acts of a perpetrator
where the perpetrator was not the vehicle owner or not otherwise involved
with the vehicle owner.
An automobile storage facility that is not indoors and is
in an area protected by lighting from dusk to dawn and secured by
chain link fencing that is at least six feet in height. A stockade
fence in good repair may be used as an alternative.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals,
and also includes all political subdivisions of this state or any
agencies or instrumentalities thereof.
To retrieve from a location off the roadway or upright a
rolled over vehicle; if a vehicle is underneath or impaled onto another
object then it must be recovered.
[Added 10-8-2019 by Ord.
No. 19-19]
A tower summoned by the Township of Ewing to pick up disabled
vehicles other than a tower requested by the vehicle owner.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
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. Examples of waiting time may include but are
not limited to fire/EMS services which must be performed and/or police
investigations.
[Added 10-8-2019 by Ord.
No. 19-19]
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
"Winching" 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 motor vehicle onto a flatbed tow truck.
[Added 10-8-2019 by Ord.
No. 19-19]
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying or removing any and all
kinds of 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.
The Township of Ewing Police Department is hereby
designated as the municipal agency in charge of enforcing the provisions
of this chapter in accordance with due process of law, as required
by N.J.S.A. 40:48-2.49(c). No person shall be authorized to be a Township
tower without first obtaining a license from the Department.
[Amended 1-23-2001 by Ord. No. 01-01]
A.
Applications for licenses issued hereunder shall be
made annually upon blank forms prepared and made available by the
Municipal Clerk and shall state:
(1)
The name, home address and proposed or actual business
address of the applicant and whether the applicant is owner, lessee
or bailee.
(2)
The location, description and hourly availability
of the wreckers owned or operated by the applicant.
(3)
That the applicant has available space for properly
accommodating and protecting all disabled motor vehicles to be towed
or otherwise removed from the place where they are disabled, and that
the disabled vehicles will not be stored or allowed to remain on public
property or Township streets or on property which is not zoned for
such storage.
(4)
A description of the vehicle for which the license
is desired, including year, make, model, type, serial number of body
and motor capacity, length of time the vehicle has been in use, and
any other information which the Chief of Police shall deem necessary
or proper to effectuate the purpose of this chapter and to determine
whether the terms of this chapter have been complied with.
(5)
That the applicant is an equal opportunity employer.
B.
The application shall have affixed thereto an affidavit
by the applicant that all of the information given in the application
is true and correct, and said application shall be submitted to the
Department.
C.
There shall not be issued and outstanding at any one
time in the Township more than a total of six licenses (in any combination)
for light-duty wreckers or heavy-duty wreckers, and at any time that
such maximum number is outstanding, the Municipal Clerk shall not
accept applications for such licenses.
An application for license shall be accompanied by the fee set forth in Chapter 172 of this Code. Said fee is on account of administrative expenses and is not refundable in the event that an inspection of the vehicle has been made and no license is issued because of failure to comply with any of the requirements of this chapter or of any regulations promulgated under this chapter by the Chief of Police.
A.
Within seven days after receipt of an application
by the Municipal Clerk as provided for herein, the Chief of Police
or designee or authorized agent of the Chief shall cause an investigation
to be made of the applicant and of the proposed business operation
and shall make or have made an inspection of the vehicle to be licensed.
The Chief of Police or designee or authorized agent of the Chief may
delegate the inspection of the vehicle to an independent person, not
engaged in business in the Township, who shall be qualified by experience
and training to make such inspection. Said person shall report to
the Chief of Police or designee or authorized agent of the Chief whether
the applicant complies with the requirements and standards of this
chapter. All references to the Chief of Police shall include a designee
or an authorized agent of the Chief.
B.
Upon completion of the investigation and inspection, the Department shall either refuse to approve the application or shall approve the application and classify the wrecker as either "light-duty" or "heavy-duty" in accordance with the standards given herein and shall inform the applicant of the decision. If the application is approved, the applicant shall supply the Department with the insurance policies or certificates as specified in § 349-16. Upon receipt of said policies or certificates, the Department shall make appropriate notation on the application.
The Municipal Clerk shall, upon consultation
with and direction from the Chief of Police or designee or authorized
agent of the Chief, approve and classify an application only when
the following requirements have been met:
A.
That the public convenience and necessity will be
served by the use of the vehicle for which the application has been
made.
B.
That the insurance policies as required herein have
been procured and supplied.
C.
That the applicant and proposed operators are fit
persons to operate and conduct a wrecker service in the Township.
This shall include but not be limited to satisfactory background check
by the Department and satisfactory Better Business Service Bureau
report.
D.
That the requirements of this chapter and all other
governing laws, statutes and ordinances have been met.
E.
That the vehicle has been properly licensed and inspected
by the State of New Jersey and has the necessary stickers affixed
thereto. No vehicle shall be licensed as a wrecker which is using
dealer's license plates or which has failed the state inspection.
F.
That the wreckers to be used, on inspection, meet
with the required minimum standards for light-duty or heavy-duty wrecker,
as applicable.
A.
Towing services and dispatching must be provided on
a twenty-four-hour, seven-days-per-week basis. All wreckers must be
radio-equipped with a public service band frequency or be equipped
with a cellular or mobile telephone or a pager to facilitate prompt
response. A citizens band radio shall not be considered adequate for
communication purposes.
B.
The storage facility must provide a minimum of eight
hours per day, which shall be between the hours of 7:00 a.m. and 7:00
p.m., and a minimum of five days per week (Monday through Friday)
for the reclaiming of towed vehicles. This requirement shall only
apply to the period during which a Township tower is on call and the
thirty-day period thereafter.
C.
All licensees must possess a pager compatible with
the Township system.
D.
All licensees must maintain an office with regular
business hours. The office shall be open a minimum of eight hours
a day, five days a week. The schedule of hours shall be filed with
the Department. Any change or amendment to the schedule of hours shall
be filed with the Department within five days of the change.
A.
All licensee's trucks shall be equipped with brooms
and shovels for the purpose of clearing debris off roadways. A licensee
shall remove all debris from an accident scene, which will include
sweeping the roadway and removing all broken glass, plastic and other
parts. This will be done at no charge to the Township.
B.
All licensees shall have telephone equipment at their
place of business that is able to handle more than one incoming call.
C.
A licensee shall immediately dispatch tow trucks when
requested to respond to an emergency situation.
D.
A licensee shall not permit a vehicle to be removed
without proper authorization.
E.
A licensee shall request police assistance during
the course of servicing when the licensee finds it necessary to turn
around, back up, tow in the opposite direction, cross the median or
other hazardous situation.
F.
A licensee shall have the capability of removing locked
vehicles (included locked steering column) and abandoned vehicles
without wheels.
G.
A licensee shall use at a minimum the vehicle manufacturer's
suggested towing or removal method.
H.
Neither a Township tower nor its employees are, or
should be deemed to be, employed by or representatives of the Township.
A.
The following minimum standards must be met for each
class of wreckers:
(1)
Light-duty. A light-duty wrecker shall be able to
handle all makes of passenger cars and small trucks up to one ton,
such as pickup and small panel trucks. The garage from which a light-duty
wrecker originates must be equipped with a portable car dolly. Each
light-duty wrecker shall be equipped with the following:
(a)
Dual rear wheels or equivalent.
(b)
Power take-off-controlled winch with a minimum
cable thickness of 1/2 inch or equivalent.
(c)
Comparable weight equal to the vehicles to be
towed, with a minimum of 5,500 pounds.
(d)
A three-eighths-inch safety chain. The lift
chain and safety chain shall not be attached in any form or manner
to the same part of the wrecker.
(e)
Two double-faced rear flashing amber lights
mounted high enough to be seen over the towed vehicle.
(f)
A three-hundred-sixty-degree rotating amber
beacon light mounted over the cab.
(g)
All lights shall be of such candlepower and
intensity as to be visible 1/4 mile away or shall be equal to the
candlepower of the lights on Township police vehicles.
(h)
Licensees shall own at least one flatbed truck
for the removal of vehicles from roadways. A flatbed truck will be
used when, in the opinion of the tower and the police officer on the
scene, to tow the vehicle by conventional means would result in further
damage.
(2)
Heavy-duty. All wreckers classified as "heavy-duty"
shall be equipped with the following:
(a)
Dual rear wheels.
(b)
Manufacturer rating. Gross vehicle weight of
10,000 pounds. Manufacturer rating may be obtained from the factory
where the truck originates. Other written evidence of gross vehicle
weight may be accepted by the Township, if verified.
(c)
Power take-off-controlled winch with a minimum
cable thickness of 5/8 inch.
(d)
Two double-faced rear flashing amber lights
mounted high enough to be seen over the towed vehicle.
(e)
All lights shall be of such candlepower and
intensity as to be visible for 1/4 of a mile or shall be equal to
the candlepower of the lights on a Township police vehicle.
(f)
A one-half-inch safety chain. The lift chain
and safety chain shall not be attached in any form or manner to the
same part of the wrecker.
(g)
Air brakes.
(h)
Connecting air lines for connection with the
air compressor and air brake lines of the towed vehicle.
(i)
Detachable amber flashing lights attached to
the rear of the towed vehicle.
(j)
Two-speed rear axle and differential or dual
transmission or five-speed transmission.
B.
In order to be qualified for a license, the tower
must have at least the following number of trucks (the Clerk may request
proof of ownership or lease):
(1)
Light-duty towing: one truck and one flatbed, in addition
to other equipment which is necessary to provide safe and efficient
towing. Each tow vehicle must have the name and telephone number of
the licensee on the side of the vehicle.
(2)
Heavy-duty towing: one truck, in addition to other
equipment which is necessary to provide safe and efficient towing.
Each tow vehicle must have the name and telephone number of the licensee
on the side of the vehicle.
Upon approval of an application and classification, and upon the payment of the license fee designated in § 349-12, the Municipal Clerk shall issue a license, designated "light-duty" or "heavy-duty." A license shall be nontransferable.
The license fees shall be as set forth in Chapter 172 of this Code. The required license fees are on account of administrative expenses. The full amount due shall be payable before the issuance of the license.
The license period shall be for a one-year period
of time commencing the first day of March of each year. No licenses
shall be issued between March 2 and the last day of February, unless
an outstanding license is canceled in accordance with this chapter
and the Department elects to issue a license in its stead between
March 2 and the last day of February. In such a case, the license
fee shall be prorated.
In accordance with § 349-28B of this
chapter, the Township, through the Chief of Police, reserves the right
to suspend or revoke any license for cause upon 30 days written notice.
However, if deemed necessary by the Chief, the Chief may immediately
suspend a license pending the outcome of a hearing; in such cases,
the hearing shall be before the Chief upon five days' written notice.
At the hearing, the licensee must show good cause why the license
should not be revoked. If the license is revoked, the licensee will
not have the opportunity to be reinstated until the term of the license
expires and will not be entitled to any refund of any portion of any
application or license fee paid.
A.
A tower shall be responsible for any damage occurring
to a vehicle after the tower has taken possession and until the owner
or the owner's representative reassumes possession.
C.
All vehicles must be "indoor secured" or "outdoor
secured" as defined herein.
D.
The storage facility must be of sufficient size to
accommodate at least 30 vehicles. The storage area must contain at
least 4,000 square feet.
E.
No satellite yards may be used to meet the requirements
for storage.
F.
All vehicles towed by the licensee must be stored
at the approved storage yard or facility.
G.
All yards must meet current zoning standards and comply
with current municipal ordinances and state laws. This includes the
licensee's office and attached property.
H.
It is recognized by the Township that the licensee's
yard is utilized for purposes other than the needs of the Township.
However, the licensee will be required to keep available enough space
to meet the prescribed license requirements.
A.
The licensee must deposit with the Municipal Clerk
the following insurance policies or certificates of insurance, specifically
naming the Township of Ewing as an additional insured party and with
prepaid coverage spanning at least the entire license term.
(1)
Garage keeper's policy. A garage liability policy
covering fire, theft, collision and explosion in not less than the
amount of $60,000 combined single limit per vehicle towed.
(2)
Garage liability policy. A garage liability policy
covering the operation of the licensee's equipment or vehicles for
any bodily injury or property damage, in not less than the amount
of $500,000 combined single limit.
(3)
The above policies shall be specifically endorsed
to provide collision coverage for vehicles in tow.
(4)
Worker's compensation coverage as required by the
statutes of the State of New Jersey, as amended from time to time.
B.
Each policy required herein shall contain an endorsement
providing that ten days' notice shall be given to the Municipal Clerk
in the event of any material change or cancellation for any cause.
C.
In the event that any policy is changed so as to fail
to conform with the above requirements, or if any policy on any wrecker
is canceled for any reason, the Township 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 the notice is received,
and before the date of cancellation, or the Township shall immediately
suspend the licensee's license and shall retrieve from the owner all
indicia of license, including any stickers, cards, medallions or other
means of identification.
D.
Any insurer must be authorized to do business in New
Jersey and be acceptable to the Township.
A.
The Chief of Police or designee or authorized agent
of the Chief shall keep a register of the names of all those owning
or operating a licensee's wreckers, together with the license number
and the description of such wreckers and the date and complete record
of inspection made of them.
B.
All drivers must obtain police identification cards
and maintain a safe driving record.
Each licensee shall issue to each person requiring
towing services an information sheet in such form as may be set by
the Department and providing notice of the service rates and conditions
of engagement under which the wrecker is operating and a notice that,
in case of any complaint by the person requiring towing, the Chief
of Police shall be notified with the license number of the wrecker
to be given.
[Amended 8-29-2006
by Ord. No. 06-27]
A.
For purposes of this section, storage charges "per
twenty-four-hour period" means the maximum allowable amount to be
charged by a storage facility for a twenty-four-hour period or fraction
thereof, which period commences with the time of the initial tow and
runs for consecutive twenty-four-hour periods thereafter.
B.
Towing rates shall include the total distance traveled
from the tow vehicle's base of operations to the job site and return
by way of the shortest route possible. Tow vehicles transporting multiple
vehicles at one time shall charge the applicable fee for each vehicle
transported. No person shall be liable to any tow operator who tows
or stores an automobile for any fees in excess of the following:
C.
With the exception of light-duty, basic towing service fees (first
hour, additional time prorated at fifteen-minute intervals).
[Amended 10-8-2019 by Ord. No. 19-19]
(1)
Light-duty: $110 (flat rate).
(2)
Medium-duty: $175 (per hour, per truck).
(3)
Heavy-duty: $300 (per hour, per truck).
(4)
For conveying a passenger vehicle to other than the tower's
facility (e.g., owner's home, another garage), an additional
fee of $4 per mile may be charged for all distances in excess of five
miles for that portion of the distance in excess of five miles. All
other vehicles, other than passenger vehicles, shall be at an additional
fee to be negotiated between the tower and the owner for all distances
in excess of five miles for that portion of the distance in excess
of five miles.
E.
Specialized recovery equipment (per hour, unless provided otherwise).
[Added 10-8-2019 by Ord.
No. 19-19[1]]
(1)
Rotator/crane recovery unit: $1,200.
(2)
Tractor with Landoll trailer or Detach trailer: $450.
(3)
Tractor/transport hauler only: $250.
(4)
Refrigerated trailer with tractor: $450.
(5)
Box trailer with tractor: $400.
(6)
Air cushion unit: $1,000.
(7)
Light tower: $250.
(8)
Pallet jack: $200 flat rate.
(9)
Rollers: $200 flat rate.
(10)
Any other specialized equipment: $250.
(11)
Loader/backhoe/telescopic handler/bulldozer/Bobcat: $300.
(12)
Forklift: $300.
(13)
Dump truck/dump trailer with tractor: $350.
(14)
Roll-off with container: $350 per hour plus disposal.
(15)
Recovery supervisor vehicle: $150.
(16)
Scene safety equipment/communication equipment/traffic management
equipment: $250 per hour, per each type used.
(17)
Recovery support vehicle with trailer/additional recovery equipment:
$350.
[1]
Editor's Note: Former Subsection E, which provided that
when basic towing charges are rendered pursuant to this section, there
shall be no additional charges other than those provided for herein,
was repealed 10-8-2019 by Ord. No. 19-19.
F.
Labor (per hour with a one-hour minimum).
[Added 10-8-2019 by Ord.
No. 19-19[2]]
(1)
Accident minor cleanup and disposal of debris: $75, plus absorbent
materials used.
(2)
Recovery Supervisor and/or Level III Recovery Specialist: $225.
(3)
Recovery Technician: $125, per man.
(4)
Manual laborers: $100, per man.
[2]
Editor's Note: Former Subsection F, regarding extra charges
for rolled-over vehicles, was repealed 10-8-2019 by Ord. No. 19-19.
G.
Storage (per twenty-four-hour period as defined above).
[Amended 10-8-2019 by Ord. No. 19-19]
I.
Administrative fee (includes all correspondence or
contact with insurance companies, owners, salvage companies, etc.):
$5 per contact not to exceed $25 total.
J.
Cleanup fee:
[Amended 10-8-2019 by Ord. No. 19-19[3]]
(1)
Roadway cleanup (includes sweeping the road and removal of vehicle
parts from motor vehicle accident scenes): $50.
(2)
Basic cleanup: $25 per fifty-pound bag of absorbent and plastic bags
for removal.
(3)
Tarping/crash wrap: $40 flat rate.
[3]
Editor's Note: This ordinance also repealed former Subsection
K, regarding cleanup material fees, and redesignated former Subsections
L through P as Subsection K through O, respectively.
K.
For conveying vehicles from a point within the Township to a point
outside the Township, or vice versa, the rate is to be predetermined
by mutual agreement.
L.
Waiting time. Waiting charges shall not begin until 30 minutes after
the arrival of the wrecker at the scene, and shall be charged in 30
minute increments, prorated into fifteen-minute increments, and must
be acknowledged by the police officer at the scene.
[Amended 10-8-2019 by Ord. No. 19-19]
M.
Every operator of a wrecker shall give the driver of the vehicle
being towed a written notice listing the fee to be paid and the name
and address of the tower. A copy of this notice shall be given to
the police officer in charge or to the Chief of Police if no officer
is present. If the driver is not available, the operator shall give
the officer in charge or the Chief of Police two copies of the notice.
The form of this notice must be approved by the Chief and will be
printed at the expense of the tower. All disputes as to fares shall
be determined by the Chief of Police. The police officer at the scene
shall report any disputes to the Chief.
N.
Every Township tower shall provide public posting of charges at its
storage area.
O.
Every Township tower, when requested by the Police Department, shall
perform an inspection of the motor vehicle and provide a report to
the Police Department as to the condition of such motor vehicle at
no charge to the Township or to the owner or operator of the disabled
motor vehicle.
A.
There shall be an extra charge for crane service,
to be determined by mutual agreement of the licensee and owner and/or
driver of the disabled vehicle or that person's representative.
B.
Every operator of a wrecker shall give the driver
a written notice listing the fee to be paid and the name and address
of the tower. A copy of this notice shall be given to the police officer
in charge or to the Chief of Police if no officer is present. The
form of this notice must be approved by the Chief and will be printed
at the expense of the tower. All disputes as to fares shall be determined
by the Chief of Police. The police officer at the scene shall report
any disputes to the Chief.
A.
No person owning or operating a wrecker shall:
(1)
While waiting for engagement, stand at any public
street, intersection or public property without first obtaining the
consent of the owner of the property.
(2)
Seek engagement by repeatedly and persistently driving
a wrecker to and from in a short space in front of any disabled vehicle
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways.
(3)
Permit or invite loitering within or near a wrecker.
(4)
Solicit, demand or receive from any person any pay,
commission or emolument whatever except the proper fee for transporting
the disabled vehicle in accordance with the schedule of service rates
listed in this chapter.
(5)
Solicit or attempt to divert prospective patrons of
another wrecker or solicit or divert prospective patrons of a given
garage in the Township to any other garage.
(6)
Intercept police calls by shortwave radio or obtain
information as to location of the scene of an accident or disabled
vehicle by means of interception of police radio calls.
B.
No person shall respond to the scene of a disabled
vehicle, except upon notification by the Department, for information
as to the location of any accident or for soliciting the engagement
of the person's services, nor give any gratuities, fees or other compensation
or gifts to any member of the Police Department.
Every person licensed hereunder shall record
in a book kept 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 owners
of the towed vehicle and of the patron engaging the licensee and the
charges paid for the licensee's services. The record book herein described
shall be kept open for inspection at all times by any duly authorized
representative of the Township. Such records must be retained for
a minimum period of five years.
A.
Licensees performing towing service for the Township
or called by a police officer shall perform on a rotating basis. The
rotating system is to be used in the assignment of wreckers when the
owner or driver of a disabled vehicle declares no preference or is
unable to indicate any specific choice of a wrecker to remove the
vehicle. No person shall respond to the scene of a disabled vehicle
except upon notification by the officer in charge in Police Headquarters
or upon request of the driver or owner of the disabled vehicle.
B.
The Police Department shall call for towing services
when necessary. The Police Department shall call Township towers in
a sequential rotation of one month or so that every Township tower
is given an equal opportunity to provide towing services. Each rotation
period shall commence on the first day and end on the last day of
the relevant month. The Police Department shall give each tower at
least seven days' notice of its turn in the sequential rotation.
C.
Such additional rules and regulations regarding the
rotation of wreckers as may be promulgated hereunder by the Chief
of Police shall take effect immediately after service of a copy thereof
on holders of all appropriate licenses for wreckers in the Township,
which service may be made by addressing same to said licensees by
ordinary mail at their last known address. If, pursuant to the rules
and regulations for rotation of wreckers adopted under this chapter,
the Department summons a wrecker to the scene of a disabled vehicle
for the purpose of removing the vehicle and the summoned wrecker shall
arrive at the scene, the owner or driver of the disabled vehicle shall
use the services of the summoned wrecker.
D.
In the establishment of a rotation system of assignment
of wreckers, separate lists shall be set up for light-duty wreckers
and heavy-duty wreckers. The assignment of a call from the heavy-duty
list of a heavy-duty wrecker shall be in addition to, and not in limitation
of, the rights of said heavy-duty wrecker owner to participate, on
a rotating basis, in the light-duty call list.
The Chief of Police shall establish reasonable
rules and regulations for the inspection and operation of wreckers
and for the design, construction, maintenance and condition of fitness
for the safe conduct of the wrecker service business in accordance
with the standards herein. The licensee shall maintain wreckers in
a condition of safety for the transportation and hauling of disabled
vehicles. The Chief shall have the right at all times to inspect all
such licensed wreckers and shall maintain a record, in writing, of
the report of all such inspections. If at any time the Chief of Police
shall deem the equipment inadequate or unsafe, the Chief shall have
the power to demand immediate correction and, if not corrected to
the full satisfaction of the Chief, shall then have the power to revoke
or suspend the license after a hearing upon the nature and circumstances
of the violation.
Any Township vehicle, whether located on or
off the road, will be towed free of charge.
All vehicles found by the Ewing Township Police
Department to be abandoned shall be towed to the licensee's storage
facility. These vehicles will be towed at the rate of $25 for passenger
vehicles and pickup trucks and $35 for all other vehicles. No such
expense shall be the responsibility of the Township. Proceeds from
the sale of abandoned vehicles shall be used to satisfy any towing
or storage charges which may have accumulated for the vehicle. Excess
proceeds shall be paid to the Township. If the proceeds are insufficient
to cover the accumulated costs, such excess cost shall be waived by
the licensee and no further funds will be due from the Township or
the purchaser of the vehicle.
[Amended 8-2-2006
by Ord. No. 06-27]
A.
Licensees shall respond to a vehicle within 15 minutes
after being notified of a necessary service call unless a longer response
time is approved by the Police Department.
B.
If the tower on call is dispatched for towing service
and arrives on the scene of the accident within the specified response
time, that tower shall be given the tow or paid the towing fee by
the citizen, regardless of whether or not the citizen subsequently
requests that another tower be dispatched.
The police shall make available for public inspection
in the Municipal Clerk's office all fee schedules of Township towers
and all regulations applicable to towing, during normal business hours
of the Township, as required by N.J.S.A. 40:482.49(d).
B.
In addition to the penalty provided in Subsection A of this section, the Chief of Police, after notice and hearing, may revoke or suspend any license issued hereunder or may refuse to renew any license previously issued for violation of any of the provisions of this chapter or of any of the rules and regulations duly promulgated by the Department or for violation of the provisions of any federal or state law or any local ordinance, including but not limited to the Code of the Township of Ewing.
C.
If the licensee cannot, at any time, meet any provisions
of these specifications, the licensee shall inform the Chief of Police
in writing. If in the opinion of the Chief of Police the licensee's
failure to meet these specifications was the fault of the licensee,
the Chief of Police shall take appropriate action under this section
or any other applicable provision of this chapter.
