[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Editor's Note: This ordinance also repealed former Ch. 387, Towing, adopted 1-28-1992 by Ord.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. 
Definitions. For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
BASE OF OPERATION
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]
BASIC TOWING SERVICE
[Amended 10-22-2019 by Ord. No. 1980]
(1) 
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.
(2) 
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.
(3) 
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.
BOROUGH
The Borough of Middlesex.
CHIEF OF POLICE
The Chief of the Police Department of the Borough of Middlesex or anyone designated by him.
HEAVY TOWING SERVICES
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]
INSIDE BUILDING
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.
OUTSIDE SECURED
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.
OUTSIDE UNSECURED
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."
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
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.
TOWING LIST
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.
WRECKER
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.
(7) 
A certified statement of indemnification, as required in § 387-9.
(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]
E. 
Whether the applicant has demonstrated that, by the adequacy of its equipment and facilities (§ 387-6), availability and response time (§ 387-11) and the security of its storage facilities (§ 387-12), it shall be able to comply with the requirements of this chapter.
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.
A. 
The following is the fee schedule for towing services:
[Amended 10-22-2019 by Ord. No. 1980]
(1) 
Days.
(a) 
Basic towing services to yard: $115.
(b) 
Basic towing services to any other destination: $115 (plus $5 for each additional mile past first mile).
(c) 
Heavy towing services: prevailing market rate commensurate to services rendered by the wrecker.
(2) 
Nights, weekends and holidays.
(a) 
Basic towing services to yard: $125.
(b) 
Basic towing services to any other destination: $125 (plus $5 for each additional mile past first mile).
(c) 
Heavy towing services: prevailing market rate commensurate to services rendered by the wrecker.
B. 
The following is the fee schedule for towing services of Borough-owned vehicles:
[Added 11-9-2010 by Ord. No. 1787[1]; amended 10-22-2019 by Ord. No. 1980]
(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.
C. 
The following is the fee schedule for storage services:
(1) 
Inside building: $30 per day (at the request of the owner or Police Department).
(2) 
Outside secured: $25 per day.
(3) 
Outside unsecured: $15 per day.
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.
E. 
The wrecker's and/or its operators’ failure to satisfactorily pass the criminal history check as required by § 387-5D of this chapter.
[Added 2-22-2011 by Ord. No. 1788]
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.