[HISTORY: Adopted by the Mayor and Council of the Borough
of Middlesex 7-13-2010 by Ord. No. 1764.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire lanes — See Ch. 216.
Motor vehicle junkyards — See Ch. 244, Art. II.
Handicapped parking — See Ch. 296.
Abandoned vehicles — See Ch. 403.
Vehicles and traffic — See Ch. 407.
[1]
Editor's Note: This ordinance also repealed former Ch. 387,
Towing, adopted 1-28-1992 by Ord. No. 1227, as amended.
This chapter shall be known as the "Towing Ordinance of the
Borough of Middlesex."
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future; words in the plural include
the singular; and words in the singular include the plural. The word
"shall" is always mandatory and not merely directory.
B.
BASE OF OPERATION
BASIC TOWING SERVICE
(1)
(2)
(3)
BOROUGH
CHIEF OF POLICE
HEAVY TOWING SERVICES
INSIDE BUILDING
OUTSIDE SECURED
OUTSIDE UNSECURED
PERSON
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
TOWING LIST
WRECKER
Definitions. For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Where the wrecker's vehicles shall be garaged, stored and
located, which shall be within a 4.25-mile radius of the herein-defined
center of the Borough, being the Middlesex Borough Police Headquarters,
located at 1101 Mountain Avenue, Middlesex, New Jersey, as set forth
on the map identified as Schedule A.[1]
[Amended 2-22-2011 by Ord. No. 1788; 10-22-2019 by Ord. No. 1980]
[Amended 10-22-2019 by Ord. No. 1980]
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 Borough of Middlesex.
The Chief of the Police Department of the Borough of Middlesex
or anyone designated by him.
Any towing or recovery of an automobile which is fixed or
has been thrust upon any other object within or without the right-of-way
or berm, or any towing that includes removal of a truck, bus, or other
similar vehicle, or any towing service not classified as basic towing
services as defined herein.
[Amended 10-22-2019 by Ord. No. 1980]
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage or removal of vehicles,
that is secured by a locking device on each opening.
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet in height and which is installed with a passive alarm or
a similar on-site security measure. The facility is to be lighted
at night so as to render the interior of the storage area visible.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as "inside building" or "outside
secured."
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
A list maintained by the Police Department containing the
names of those wreckers licensed and contracted by the Borough to
respond to requests for towing of vehicles made by the Police Department.
A person in the business of, or offering the services of,
a towing service whereby motor vehicles are or may be towed or otherwise
removed from one place to another by the use of a motor vehicle adapted
to and designated for that purpose.
[1]
Editor's Note: Schedule A is on file in the Borough offices.
[Amended 2-28-2017 by Ord. No. 1908]
Any person who wishes to engage in business as a wrecker in
the Borough to tow vehicles on public and private property at the
request of the Police Department shall be licensed by the Borough
pursuant to this chapter. Any license issued pursuant to this chapter
shall be for a period of 12 months, subject to annual renewal, and
shall be nontransferable. Notwithstanding any other provision of this
chapter, no more than five licenses pursuant to this chapter may be
issued and outstanding during any twelve-month period.
A.
Any person who desires to provide services as a wrecker at the request
of the Police Department in the Borough shall submit an application
for a license, in duplicate, to the Borough Clerk, accompanied by
a fee of $175, made payable to the Borough.
B.
The application shall set forth the following information:
(1)
The full name, address and telephone number of the applicant. If
the applicant is a corporation, the name of the corporation and the
name and address of the officers, directors, principals and its registered
agent. If the applicant is a partnership, the names and addresses
of all partners.
(2)
The year, make and type of each vehicle used in said wrecker business
by the applicant, the vehicle's serial number, registration number,
a clear photograph of each vehicle showing the registration plate,
and the name and address of its registered owner.
(3)
The address of the wrecker's base of operation where the wrecker's
vehicles will be regularly garaged, stored and located.
(4)
The telephone number or numbers available on a twenty-four-hour,
seven-day-per-week basis, and the names, addresses and New Jersey
motor vehicle driver's license numbers of all the wrecker's operators.
(5)
The location, size and security features of the storage lot where
vehicles shall be towed, a clear photograph or photographs of the
lot, which lot shall be screened from public view, and which lot shall
conform with all municipal ordinances, land use laws and the applicable
zoning code. The wrecker agrees to ensure that the storage facility
is safe and secure, utilizing all reasonable means to prevent theft,
vandalism, damage to vehicles and/or any criminal activity. Any storage
lot located outside of the Borough shall not be located more than
4.25 miles from the Middlesex Borough Police Headquarters at 1101
Mountain Avenue in the Borough.
[Amended 10-22-2019 by Ord. No. 1980]
(6)
The name and address of the insurance carrier and agents and the
policy limits and policy numbers of all insurance policies held by
the applicant in regard to the wrecker and storage services.
(8)
A certified statement of the willingness of the wrecker to be available
on a twenty-four-hour, seven-day-per-week basis, and to abide by the
instructions and directions of the Chief of Police, his subordinates
and the provisions of this chapter.
(9)
A certified statement as to the availability to release stored vehicles
during the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday,
and 8:00 a.m. through 12:00 noon on Saturday. The wrecker shall not
release any vehicle directly impounded by the Borough without authorization
by the Chief of Police to do so.
The Chief of Police shall investigate each application submitted
to determine:
A.
The truth and accuracy of all information contained in the application.
B.
Whether public convenience and/or necessity will be served by awarding
the license to the applicant wrecker.
C.
The applicant's practical and technical ability to perform the wrecker
service as described in this chapter.
D.
The applicant's and his operators' fitness to engage in the wrecker
business licensed pursuant to this chapter, including obtaining a
criminal history background check on the wrecker and the operators.
All applicants and/or agents must submit to a criminal history check
in compliance with the NJSP Criminal Information Unit, State Bureau
of Identification (SBI Form 212B). The applicant or agent shall not
have received a criminal conviction within the last seven years for
any indictable offense or any offense involving stolen or embezzled
vehicles, fraud relating to the towing business, stolen property,
or any other offense of similar nature.
[Amended 11-9-2010 by Ord. No. 1787; 2-22-2011 by Ord. No. 1788]
F.
Whether the applicant wrecker's equipment is safe and in good and
sound condition, and that it complies with the rules, regulations
and standards of this chapter, as well as any applicable provision
of New Jersey law, including, without limitation, New Jersey Motor
Vehicle Law.
[Amended 11-9-2010 by Ord. No. 1787; 10-22-2019 by Ord. No. 1980]
A.
Minimum
equipment to be maintained by the wrecker shall include at least one
flatbed-type wrecker with a minimum chassis rating of 11,000 pounds
gross vehicle weight.
B.
All vehicles
must be clearly and permanently marked with the name of the wrecker.
C.
All vehicles
must be equipped with an appropriate mobile communications device,
cab-mounted amber emergency warning lights (conforming to New Jersey
Motor Vehicle law standards and all light permits being obtained),
tow sling-type bars with rubber straps and/or wheel lift capability
with safety straps to prevent damage to towed vehicles, steering locks
for towing vehicles from the rear, fire extinguishers of A B C type,
safety chains, a stiff push broom, safety flairs and portable safety
lights to be installed on towed vehicles if necessary.
D.
All operators
must wear high-visibility ANSI-compliant traffic vests at all tow
scenes.
The Chief of Police, upon completion of the foregoing investigation,
shall forward a copy of the wrecker's application to the Borough Council,
along with any recommendation for approval or disapproval of the license
application and the reasons, if any, for disapproval. The Borough
Council shall then determine whether or not the applicant has complied
with all the necessary standards and criteria, and thereupon award
or deny the wrecker's license. If the applicant is found to be qualified,
and upon payment of an annual license fee of $175, a license shall
be issued to the applicant and the applicant's name will be added
to the end of the rotation list for towing.
[Amended 2-28-2017 by Ord. No. 1908]
Upon approval by the Borough Council, and payment of the annual
license fee, the Borough Clerk shall issue a license to the applicant
wrecker, with a copy to the Chief of Police. Notwithstanding any other
provision of this chapter, no more than five licenses pursuant to
this chapter may be issued by the Clerk and outstanding during any
twelve-month period.
Any application under this chapter shall include a certified
statement by the applicant that the licensed wrecker assumes all liability
and shall indemnify and save the Borough, its subdivisions, departments,
agents and employees harmless from damages or losses sustained by
vehicles while being towed, stored or released from the wrecker's
possession and from all personal injuries and property damage occurring
to any persons or property as a result of the performance of the wrecker's
services, including but not limited to towing, storage or other such
activities relating to the licensed wrecker's services. All responsibility
for the release of a stored vehicle shall be on the wrecker only.
No wrecker license shall be issued until the applicant has deposited
with the Borough Clerk and the Chief of Police the following insurance
policies, naming the Borough as an additional insured:
A.
Garagekeeper's policy. A garagekeeper's liability policy in the minimum
amount of $100,000 for each vehicle damaged on a separate claim.
B.
Garage liability policy. A garage liability policy covering the applicant's
business, equipment and vehicles in the minimum amount of $500,000
for any one person injured or killed, and a minimum of $1,000,000
for more than one person killed or injured in any accident and an
additional $100,000 for any damage arising from injury or destruction
to property, and/or a combined single limit of $1,000,000. In addition
to each policy containing an endorsement showing the Borough as an
additional insured, such policy shall also provide an endorsement
entitling the Borough to 30 days' prior written notice to the Borough
Clerk and Chief of Police in the event of any change in coverage under
the policy, or in the event of the cancellation of the policy.
C.
Workers' compensation policy. A workers' compensation policy covering
all of applicant's employees and operators, containing statutory coverage,
including liability coverage of at least $100,000 for each accident
per person, $500,000 policy aggregate limit.
[Amended 11-9-2010 by Ord. No. 1787]
All operators of wreckers who have been provided with a license
from the Borough shall be obligated to comply with the following duties:
A.
Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief of Police's sole discretion, designated as abandoned,
illegally parked, disabled, involved in an accident or to be impounded
because of criminal or other investigation.
B.
Store such vehicles and move such vehicles as directed by the Chief
of Police.
C.
Provide twenty-four-hour, seven-day-a-week service to the Borough
during the term of the license and provide an attendant or answering
service for the purpose of receiving calls for service.
D.
Respond promptly to all requests for towing services by the Chief
of Police. In any event, the wrecker shall respond and be present
at the location (all locations within the Borough) for towing services
within 20 minutes of receipt of notice of the towing required. In
the event a wrecker does not arrive at the tow location within the
above time period, the police officer on the scene shall have the
right to have a substitute wrecker called to the location who will
have the right to perform the tow services; the originally called
wrecker shall have no right to payment from any party.
E.
Not charge any fee for replacement of equipment or materials provided
at the tow scene.
F.
Clean up all broken glass and debris at the scene of accidents, subject
to the satisfaction of the supervising officer of the Police Department.
G.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God and for any other reason when so designated
by the Chief of Police. Such standby service shall begin when the
Chief of Police notifies the wrecker and shall end when the Chief
of Police notifies the wrecker. The Borough reserves the right, during
any such emergency, to designate temporary areas owned or leased by
the Borough and/or the wrecker for the storage of disabled vehicles,
and to direct the wrecker to remove such disabled vehicles to said
areas.
H.
The wrecker shall record all vehicles towed and/or stored on forms provided by the Chief of Police as soon as possible after each vehicle is towed, but no later than the end of each wrecker's rotation pursuant to § 387-13, and retain such records for a period of seven years. Upon request, the Borough shall be provided with a copy of any and all records evidencing that a vehicle has been towed and/or stored by the wrecker. Such records shall include a report of all personal property found within a towed vehicle that can be observed by the wrecker's operator at the time the vehicle came into the wrecker's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this chapter. The Chief of Police shall have access, upon demand, to any and all records required to be kept by this chapter.
[Amended 11-9-2010 by Ord. No. 1787]
I.
In all of the wrecker's dealings with the public, the wrecker shall
act in a professional manner, courteous at all times and respectful
to members of the public, as well as representatives of the Borough.
Reports of discourteous behavior by the wrecker or his operators which
may be substantiated and documented shall be considered by the Borough
as sufficient cause for revocation and termination of the wrecker's
license and be considered as material default under any contract entered
into with a wrecker pursuant to this chapter.
J.
The wrecker
shall submit an inventory list evidencing all authorized police tows
for the Borough on a monthly basis so that the Chief of Police may
perform routine audits. The inventory form shall be provided to the
wrecker by the Chief of Police.
[Added 11-9-2010 by Ord. No. 1787]
[Amended 11-9-2010 by Ord. No. 1787]
A covered facility shall be provided for security of autos impounded
by the Police Department for death by auto or crime incidents. The
covered facility must be on the grounds of the towing service or meet
the approval of the Police Department. No one shall release an impounded
vehicle without a tow release form provided by the Chief of Police
authorizing such release.
A.
Towing services shall rotate among the licensed wreckers on a weekly
basis. The week will start on Monday at 8:00 a.m. on the first of
the week and will conclude at 7:59 a.m. on the first day of the following
week. During the week that the towing service is assigned, all calls
for service requested through the Police Department will be accepted.
Refusal or inability to respond automatically results in the next
wrecker on the list being summoned. The Chief of Police shall not
call or cause to be called any wrecker not licensed with the Borough
unless all such wreckers are unavailable. In the event that the wrecker
on duty cannot perform a tow requiring heavy towing services as defined
in this chapter, the Chief of Police is authorized to call the current
heavy-duty wrecker company approved by, and under contract with, the
Middlesex County Prosecutor’s Office.
[Amended 11-9-2010 by Ord. No. 1787]
B.
A wrecker company that cannot respond when called shall not have
any other wrecker company, whether on the rotation list or not, respond
in its place. The next wrecker on the rotation list shall be called.
C.
Notwithstanding the above rotation list, in the interests of public
safety, the Chief of Police, in his or her discretion, taking into
account the emergency, safety and location of the situation, may part
from the rotation list.
All costs incident to towing and storage shall be paid by the
owner of the vehicle or person in charge or possession of the towed
vehicle to the wrecker. The wrecker shall accept cash, check or credit
card as form of payment. The Borough shall assume no liability or
responsibility for any vehicle towed without the authority of the
Chief of Police.
[Amended 11-9-2010 by Ord. No. 1787; 10-22-2019 by Ord. No. 1980]
A.
The fees set forth in the schedule for towing rates are the maximum
charges that shall apply to a private passenger automobile for towing
services rendered as the result of police request, an accident or
theft recovery. There shall be no additional charges other than those
provided by statute, including but not limited to flatbedding, when
requested, waiting time, winching, cleanup cost and additional labor,
when only basic towing services as defined are provided.
B.
The towing rates shall be calculated based on the total distance
traveled from the tow vehicle's base of operation to the tow site
and return by way of the shortest available route. Fractions shall
be rounded up to the nearest whole mile.
C.
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
D.
When towing services are required, the day rate shall apply when
the vehicle was transported (picked up for delivery) entirely between
8:00 a.m. and 5:00 p.m., Monday through Friday, except New Jersey
state holidays. The night, weekend and holiday rates shall apply otherwise.
E.
The fees
set forth in the schedule for storage fees are the maximum storage
charges per twenty-four-hour period that shall apply to a private
passenger automobile that is stored by a person.
F.
If, in
the course of any criminal investigation, either basic towing services
or heavy towing services are required to tow a vehicle stored by a
wrecker to any facility operated by the Borough, the wrecker shall
assess the fee applicable under the towing fee schedule contained
in this chapter against the owner of the vehicle to be towed. The
Borough shall not be liable for fees assessed pursuant to this chapter
for vehicles seized thereby in the course of a criminal investigation.
B.
The following
is the fee schedule for towing services of Borough-owned vehicles:
(1)
There
shall be no charge for the towing of Borough-owned vehicles within
the Borough limits or any tow that occurs less than 4.25 miles from
the Middlesex Borough Police Headquarters at 1101 Mountain Ave in
the Borough. This provision shall apply to either basic towing services
or heavy towing services.
(2)
There
shall be a flat fee of $150 for the towing of Borough-owned vehicles
from outside the Borough limits. This provision shall apply to either
basic towing services or heavy towing services.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection B as Subsection C.
Wreckers shall provide to the owners of the towed vehicle, at
the time of the tow, a carbon copy receipt indicating the towing rates
and hours of pick up.
The Borough Council is hereby authorized to establish and cause
the enforcement of such reasonable, nondiscriminatory and nonexclusionary
regulations governing wreckers engaged in the business of removing
and storing motor vehicles and to cause the enforcement of such reasonable
regulations to effectuate this chapter as the Borough Council may
deem appropriate for the safety, well-being and protection of citizens
within the Borough and their property. All regulations promulgated
pursuant to this chapter shall be made available to the public during
the normal business hours of the Borough at the offices of the Borough
Clerk.
A.
The Chief of Police shall maintain due vigilance over all wreckers
to see that their equipment is kept in a safe condition, and properly
outfitted as required by the chapter.
B.
The Chief of Police is hereby authorized to perform routine inspections
of the wrecker's vehicles and storage facilities to ensure compliance
with this chapter and shall maintain a record of the report of all
inspections.
The Chief of Police is hereby designated as the enforcement
officer for this chapter and the Chief of Police may recommend to
the Borough Council the termination or suspension of any license or
other actions concerning the same when the Chief of Police finds:
A.
The license was secured by fraud or that it contains misrepresentations
or concealment of material facts or omits material facts that would
have affected the granting of the license to the applicant.
B.
The wrecker has violated any of the subsections of this chapter or
any of the regulations promulgated by the Borough Council as authorized
by this chapter.
C.
The wrecker's equipment and/or storage facilities are inadequate
or unsafe and the wrecker has refused to correct the reported deficiencies
subject to the satisfaction of the Chief of Police.
D.
Confirmed reports of discourteous behavior, the charging of excessive
fees, damage to motor vehicles and/or theft of personal property.
Any person having a dispute or complaint arising from a specific
act of towing or storage of motor vehicles which is regulated by this
chapter shall present that complaint or dispute to the Chief of Police
for resolution. The Chief of Police shall render his decision as to
how said complaint or dispute is to be resolved within 10 days of
conducting a hearing as to the same. Such hearing can be in person,
by telephone or on written presentation at the election of the Chief
of Police. The Chief of Police shall render a decision within five
days of said hearing. In the event that the wrecker does not abide
by the decision of the Chief of Police, the Chief of Police will recommend
to the Borough Council that the wrecker's license be revoked or suspended.
Any person found guilty of violating or breaching any of the
provisions of this chapter shall, upon conviction thereof, have the
subject towing license revoked, be removed from the towing list and
be liable for a fine not to exceed $1,000.
In the event any provision, paragraph or subsection of this
chapter shall be found unlawful or unconstitutional by a court of
competent jurisdiction, such finding shall not affect the remaining
provisions of this chapter.
An action required to be taken pursuant to this chapter by the
Borough Council may be authorized by a resolution of the Borough Council.
