As used in this chapter:
CRUISING
The operation of a tow truck in and upon a roadway within
the Township of Maplewood to solicit vehicle towing and/or storage
business except in response to a police request.
HEAVY-DUTY
A tow truck with dual wheels, capable of towing large trucks
and shall meet the following minimum requirements: gross vehicle weight
(GVW), 30,000 pounds; gross combination weight rating (GCWR), 80,000
pounds; boom rating, 50,000 pounds; winch rating, 50,000 pounds; cable
size and length, 5/8 inch and 200 feet; equipped with chassis lift;
and extended rating, 12,000 pounds.
LEASE
A vehicle leased by the licensee through a leasing company
and showing the licensee on the registration as the owner or lessee.
If the registration is such that the lessee is not listed, the licensee
will be required to show a lease agreement.
LICENSE
The document approved and issued by the Township of Maplewood
granting the privilege to tow and store vehicles and perform other
towing operations for the Township of Maplewood.
LICENSEE
A towing operator having a license granted by the township
pursuant to the provisions of this chapter.
LIGHT-DUTY WRECKER
A tow truck with dual wheels, capable of towing passenger
cars and shall meet the following minimum requirements: GVW, 14,000
pounds; GCWR, 18,000 pounds; boom rating, 8,000 pounds; winch rating,
8,000 pounds; cable size and length, 3/8 inch and 100 feet; wheel
lift retracted rating, 6,000 pounds; and extended rating, 3,000 pounds.
LIGHT-DUTY FLAT BED
A car carrier of the rollback and tilt-type, with dual wheels,
capable of removing and transporting passenger cars damage free and
shall meet the following minimum requirements: GVW, 14,500 pounds;
winch rating: 8,000 pounds; cable size and length, 3/8 inch and 50
feet; Bed length, 16 feet; bed width, 84 inches inside side rails;
wheel lift retracted rating, 6,000 pounds; and extended rating, 3,000
pounds.
MEDIUM-DUTY WRECKER
A tow truck with dual wheels, capable of towing small trucks
and shall meet the following minimum requirements: GVW, 18,000 pounds;
GCWR, 30,000 pounds; boom rating, 16,000 pounds; winch rating, 16,000
pounds; cable size and length, 1/2 inch and 200 feet; wheel lift retracted
rating, 10,500 pounds; and extended rating, 8,500 pounds.
MEDIUM-DUTY FLAT BED
A car carrier of the rollback- and tilt-type, with dual wheels,
capable of removing and transporting small trucks, full-size vans
or large passenger cars damage free and shall meet the following minimum
requirements: GVW, 18,000 pounds; winch rating, 8,000 pounds; cable
size and length, 3/8 inch and 50 feet; bed length, 19 feet; bed width,
84 inches inside side rails; wheel lift retracted rating, 6,000 pounds;
and extended rating, 3,000 pounds.
OWNER
An individual or entity who or which owns or leases and/or
operates, parks or abandons a vehicle within the township.
POLICE
The Police Department of the Township of Maplewood or of
any jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant/license, where the licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Township of Maplewood.
ROUTINE CALLS FOR SERVICE
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
STORAGE SERVICES
The storage, housing or holding of vehicles, indoors or outdoors
by a licensee under authority of this chapter.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police and issued
by the Township of Maplewood, for the purpose of replacing a current
license, whether that replacement be due to the closing of the business
or the revocation of the licensee's towing license for a violation
of this chapter. This license is for emergency situations only, and
the cost will be pro rated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing
towing and storage services.
TOWING SERVICE
The towing service and/or on-site vehicle repair, including
tire changes, jump starts or furnishing fuel, rendered by a towing
operator.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles.
WAITING TIME
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
No towing operator shall operate within the
township for police-requested towing services and/or storage services
unless the towing operator has obtained a license issued by the township.
Licenses to tow shall be issued for one calendar
year commencing January 1 of the calendar year.
The following schedule of nonrefundable fees
is adopted for the obtaining of a towing license:
A. Application fee. One hundred dollars.
B. License fee. Six hundred dollars per year, payable
before January 1 of the license year. For a temporary license for
a period of less than 12 months, the fee shall be pro rated on a monthly
basis.
Towing and storage services shall be governed
by the following provisions:
A. The schedule when a licensee will be on duty will
be set by the Township Police Department's Traffic Bureau and approved
by the Chief of Police.
B. A licensee will respond to all police requests for
towing and/or road service when requested by a police dispatcher or
any other police officer expressly authorized to communicate such
a request. The licensee will respond with the number of tow trucks
requested to the scene within a reasonable time. Such "reasonable
time" shall be deemed to be within 20 minutes under normal atmospheric
conditions.
C. If a licensee is wholly or partially unable to respond
due to failure of any equipment or personnel insufficiencies, the
licensee will immediately notify the Police Department who will contact
the next towing company in the rotation to handle the request. If
such an incident occurs, the licensee will furnish, in writing within
five business days, the details of the circumstances which caused
the failure to respond to the Township Police Department's Traffic
Bureau, which will make a determination if a follow-up investigation
and/or inspection of the licensee's facility is required.
D. Tow trucks of a licensee shall not cruise roadways
within the township for business and shall not respond to any scene
where towing may be required except under request of the Township
Police Department or as permitted under this chapter.
E. No rotating or flashing lights or sirens shall be
used on a tow truck, except as permitted by the New Jersey Department
of Motor Vehicles (NJDMV)/Department of Transportation (DOT) (N.J.S.A.
39:3-50) and all vehicles operated by the licensee shall have a current
permit for said lights issued by the DOT along with all other required
vehicle documents.
F. All tow trucks shall be operated in accordance with
all existing traffic regulations and in a safe and prudent manner.
Tow truck drivers will request police assistance when they find it
necessary to turn around, back up, tow in a direction opposite the
flow of traffic, cross a median or other hazardous situation during
the course of providing service or towing.
G. Each licensee will be responsible for all vehicles
and visible contents in their custody that are towed off the roads
under direction of the police and shall make an inventory at the scene
to note such contents of each vehicle.
H. No vehicle will be removed from any roadway within
the township without proper authorization from the police at the scene
or the vehicle owner or operator as the case may be.
I. No licensee shall be required to tow to an area farther
than the licensed storage area between the hours of 6:00 p.m. and
8:00 a.m. unless said licensee agrees to tow farther. If licensee
agrees to tow farther than the licensed storage area between the hours
of 6:00 p.m. and 8:00 a.m., he/she will only do so if adequate towing
coverage will be available to the township.
J. The investigating officer and/or supervisor at the
incident scene is in complete charge of the incident scene, excluding
actual towing operations, and all tow truck drivers shall comply with
the officer/supervisor's instructions.
K. Each licensee, prior to departing from the scene of
the towing services, shall be required to clean and clear the roadway
of any debris resulting from any accident at such scene when rendering
towing services and at all times carry the necessary equipment to
perform such cleaning services. Such equipment shall minimally include
but is not limited to a broom and a shovel. The licensee may charge
the owner's insurance company for the services rendered.
L. In the event that a licensee refuses to tow or render
services at the scene of an accident or disabled vehicle when requested
by the police or vehicle owner/operator, the officer assigned to the
incident shall report the refusal to his supervisor with all pertinent
details. Police Department standard operating procedure will be followed
to secure a service to clear the scene and the report of the refusal
shall be forwarded to the Township Chief of Police and Township Traffic
Bureau as soon as possible for evaluation and follow-up of the licensee's
refusal to perform its obligation under the license. No towing operator
shall be required to tow any vehicle in an unsafe manner or in such
a way as to cause unnecessary damage to the vehicle towed or that
may cause damage to the towing vehicle.
M. Each licensee shall be required to keep up-to-date
records of all vehicles towed in conjunction with this license. Each
licensee shall provide the Township Police Traffic Bureau with a list
of all vehicles towed by order of the police (impounded) that remain
unclaimed in storage every Friday by 12:00 noon.
[Amended 9-15-1998 by Ord. No. 2075-98; 2-2-1999 by Ord. No. 2089-99; 3-17-2020 by Ord. No. 2987-20]
Towing and storage services shall be paid by the owner of a
vehicle towed and/or stored by a licensee at the request of the police
as follows:
A. Towing services. The following is the fee schedule for towing services:
(1) Day/night, including holidays: $150 within the Township of Maplewood
or to the licensee's storage facility. An additional $5 per mile
one way may be charged by the licensee for all other tows.
B. Storage services.
(1) Passenger cars.
(a)
Storage outside in a secured facility: $40 per day.
(b)
Storage inside in a security facility: $50 per day.
(2) Storage fees shall not be charged for days when the business is closed
(weekends/holidays).
C. Road service: $100, plus cost of materials (gas, etc.).
D. Administrative fee: $25. This fee may be charged only once to a party
other than the owner of a towed or stored vehicle.
E. Yard fee: $40 (to tow vehicles out of a storage facility that cannot
be moved under their own power).
F. Debris cleanup: $50 per accident.
G. Winching: $210 per 30 minutes or part thereof.
H. Waiting time: After 15 minutes, $45 per 30 minutes or part thereof.
I. Heavy-duty towing: $400 per 30 minutes or part thereof.
J. The licensee shall accept a minimum of two major credit cards, 24
hours per day, and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
K. The Township and its Police Department shall not be liable to a licensee
with respect to towing and/or services rendered to any owner pursuant
to the license or otherwise. The licensee shall look to the registered
owner of such vehicle for payment of towing and/or storage service
charges or any other compensation.
L. If a vehicle is towed by a licensee to premises controlled by the
Police Department for the purpose of utilizing the vehicle or its
contents as evidence, or in an on-going criminal investigation, such
vehicle shall not be released from Police Department custody, except
to the licensee, unless the owner of the vehicle furnishes the Police
Department with a receipt that all applicable fees for towing and/or
service has been paid in full. A second fee may be charged if the
vehicle is removed to the licensee's storage area or other destination
desired by the police or vehicle owner. If a vehicle is released by
the police to any party, other than the licensee, without proper receipt,
the township shall be responsible for all charges, but may pursue
its remedy against the owner or other persons responsible.
The licensee shall have in effect, prior to
application and at all times during the term of the license, the following
insurance:
A. Garage keepers' liability policy in the amount of
$500,000 for any one claimant and $1,000,000 for more than one claimant,
with $500,000 coverage for property damage to any one event.
B. Liability coverage.
(1) Automobile liability insurance issued by a financially
sound insurance company of or authorized to transact business in the
State of New Jersey, insuring the licensee and every tow truck operator
against liability imposed by law for damages because of bodily injury,
including death, sustained by any person and injury to or destruction
of property, including the loss of use thereof, caused by accident
and arising out of the ownership, maintenance or use of the tow trucks
of the licensee.
(2) The amount of the limits of liability coverage to
be offered by such policy shall be $500,000 for bodily injury to each
person, $1,000,000 for bodily injuries in each accident and $500,000
for property damage in each accident.
C. The licensee shall supply a certificate of insurance
to the Township Clerk describing every policy of insurance and identifying
the township as an insured party. Each such certificate of insurance
shall contain a provision that no cancellation of the policy shall
become effective until after the expiration of 15 days written notice
of such proposed cancellation forwarded by the insurance company to
the Township Clerk.
The application of any towing operator for a
license pursuant to this chapter shall include an agreement by the
towing operator that, upon the issuance of a license, the licensee
shall indemnify the township against all claims of third parties relating
to towing and/or storage service of the licensee.
The Township Police Department shall provide,
when requested, towing operators with Department of Motor Vehicle
information regarding registered owners and lienholders. The information
requested and given shall be in conformance with N.J.S.A. 39:10A-1
et seq. and shall not in any way violate the confidentiality that
is reposed in the Police Department.
The Township Chief of Police is hereby designated
to enforce the provisions of this chapter in accordance with due process
of law.
Copies of such rules and regulations, this chapter
and the fee schedules of the licensees shall be made available to
the public at the Township Police Headquarters during normal business
hours.