[HISTORY: Adopted by the Town Council of the Town of Belvidere 12-16-1991 by Ord. No. 91-20 (Ch. 147 of the 1987 Code). Amendments noted where applicable.]
The Town Council of the Town of Belvidere shall establish a list of persons or firms who shall be utilized by the Police Department of the Town of Belvidere to provide towing and wrecking services for abandoned, wrecked, broken-down or impounded vehicles. In establishing the list, first consideration shall be given to those persons or firms who are presently utilized by the Police Department for this service. All other operators shall be given consideration based upon the date of the application filed by them, which application is more fully described in § 462-2 of this chapter.
An application for a license as a proprietor of a towing or wrecking business to be placed upon the list to be utilized by the Police Department shall be made by the person or firm engaged in operating a wrecker or wreckers.
A. 
The application shall be made on forms furnished by the Town Clerk and specifically report the following facts:
(1) 
The full name and address of the applicant. If the application is made for a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its registered agent.
(2) 
The year, make and type of each wrecker used in said business, its serial number, registration number and registered owner.
(3) 
The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and serial numbers of their New Jersey vehicle driver licenses.
B. 
The application for a towing-wrecking license shall be accompanied by a certificate of liability and property damage insurance for said wrecker in the policy limits of no less than $100,000/$300,000 per occurrence. The certificate of insurance shall be issued by a company certified to do business in New Jersey, and each policy so required must contain an endorsement providing for a thirty-day notice of cancellation clause stating that the Town of Belvidere and licensee shall receive 30 days' notice of cancellation of certified mail, return receipt requested.
C. 
The application for a towing-wrecking license shall be accompanied by a certificate for full comprehensive automobile liability insurance, including hired and non-owned auto coverage.
D. 
The application for a towing-wrecking license shall be accompanied by a certificate for full garage-keepers' legal liability coverage, including fire, theft, collision and comprehensive, including vandalism and malicious mischief.
E. 
The Town of Belvidere must be named as an additional insured under the liability portion of the insurance coverage.
F. 
The towing-wrecking firm must establish a hold harmless and indemnification agreement in favor of the Town of Belvidere for all liabilities, both legal and equitable, arising out of the performance of the contract.
G. 
The Town Clerk shall refer the application for a license to the Police Department for a check of all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the business herein required.
H. 
Each licensee shall be issued an identification card in the form required by the Chief of Police. The identification card shall be issued and signed by the Chief of Police and shall be renewable annually.
I. 
The office, workshop and storage areas of the applicant must be located in zones where such use is permitted if said areas lie within the boundaries of the Town of Belvidere.
J. 
No stacking of wrecked automobiles shall be permitted one on top of the other, and only one level of storage is permitted.
K. 
Each wrecker must meet all of the requirements of N.J.S.A. Title 39, Motor Vehicle and Traffic Regulations, and must have a lifting capacity of at least three tons. In addition, each wrecker must have the following equipment:
(1) 
One large broom and shovel.
(2) 
A steering wheel lock for towing vehicles from the rear.
(3) 
A tow-sling-type tow bar to prevent any part of crane metal from touching towed vehicles.
(4) 
Emergency warning lights.
(5) 
Portable safety lights to be installed on the rear of a towed vehicle, if necessary.
(6) 
Safety flares for night work.
L. 
After the application has been submitted and reviewed by the Police Department, it shall be forwarded to the Town Council for approval or disapproval. Such approval or disapproval shall be dependent on both the applicant's technical ability to perform the requested tasks as outlined above and upon the applicant's personal fitness to engage in a business regulated in the public interest. Factors which the Police Department and the Town Council shall determine as disqualifying for reasons of personal fitness shall include:
(1) 
Conviction of an indictable offense.
(2) 
Conviction of a crime involving moral turpitude.
(3) 
Conviction of a crime involving the use or possession of a controlled dangerous substance.
The Chief of Police shall see that a record is maintained containing the names, addresses and twenty-four-hour telephone numbers of all licensed wreckers and a record of the types of wreckers available to meet the specific need of the emergency. He shall also see that a record is maintained of the regular response of wreckers to police calls and any and all complaints from vehicle owners as to improper service or charges.
The Chief of Police shall maintain a revolving list of licensed wreckers to provide service where needed and instruct all duty officers to call those listed in alphabetical order on a rotational basis. Except when the disabled vehicle is impeding traffic, all owners or operators of disabled vehicles shall first be advised that they have the right to call a wrecker of their own choosing and retain the right to direct the towing vehicle to remove the disabled vehicle to a garage or workshop of their own choosing.
Towing fees and other charges shall be as established by New Jersey Department of Insurance regulations up to the maximum amounts therein established. Every operator of a towing service shall, when possible and prior to the actual towing or storing of any vehicle, give the owner a written estimate of cost, and every operator shall give the owner a written receipt when paid.
The practice of cruising with a wrecker or tow truck is forbidden. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any police officer for information as to the location of any accident or solicit the employment of the licensees of any accident or solicit the employment of the licensees' service or give any gratuities, fees or other compensation or gifts to any members of the Police Department. No solicitation for automobile repairs shall be made by a licensee at the scene of an accident or within 48 hours of the release of an automobile owner from any hospital.
The fee for the license issued under this chapter shall be $25, paid on receipt of said license. The license shall remain valid from January 1 to December 31 of each year or part thereof. It may be renewed annually by the operator's paying a fee of $25, provided that the operator continues to comply with all the terms and conditions of this chapter. The license is not transferable.
By making application to be utilized as a tower or wrecker by the Police Department and by accepting such employment, the person or firm agrees to:
A. 
Provide accurate application information.
B. 
Provide a prompt response to each call.
C. 
Clean all debris at the accident site emanating from the accident.
D. 
Provide the Police Department with the following information on vehicles unclaimed over 30 days:
(1) 
The year, make, color and vehicle identification number.
(2) 
The owner's name and address, if available.
E. 
Maintain a ledger of all towing or wrecking jobs handled, the name of the owner or operator, if known, the charges made for the service and the date and amount of payments.
F. 
Comply with all other terms and conditions of this chapter and all other municipal ordinances.
G. 
Comply with all motor vehicle rules and regulations found within Title 39 and all other rules and regulations promulgated by the New Jersey Department of Insurance.
H. 
Comply with all state and federal laws and regulations concerning wages, hours, terms of employment, nondiscrimination and workers' compensation.
I. 
Hold the municipality harmless for any services performed by the licensee, unless those services are performed for municipal vehicles.
The Chief of Police is hereby given the authority to promulgate rules and regulations necessary to carry out the intent and purpose of this chapter, subject to the approval, by resolution, by the Town Council of the Town of Belvidere. The rules and regulations promulgated by the Chief of Police and the fee schedule set forth in § 462-5 shall be available for inspection by the public during normal business hours at the Town Hall. The Chief of Police is hereby given the authority to suspend or revoke the license of any person or firm which is on the authorized list if the person or firm violates any of the terms and conditions of this chapter. Any person or firm aggrieved by any rule or regulation promulgated by the Chief of Police or by a suspension or revocation made by him shall be given a hearing by the Town Council within 15 days of the filing with the Town Clerk of a request for a hearing.
Nothing in this chapter shall prevent the owner or the operator of an automobile from contacting a tower or wrecker of his own choice to remove his vehicle from the public streets of the Town of Belvidere after it has become disabled or otherwise inoperable by virtue of accident or other reason, except when the vehicle is impeding traffic. Said owner or operator shall have reasonable time within which to select a tower or wrecker of his own choice to remove the vehicle from the public roadways of the Town. After this reasonable period of time or when the vehicle is impeding traffic, the Town shall remove the vehicle forthwith by resorting to the procedures set forth in this chapter, and the owner shall be responsible for the costs of such services as provided herein.
[Added 5-17-2010 by Ord. No. 2010-07; amended 7-2-2012 by Ord. No. 2012-13]
A one-time fee per vehicle shall be charged for the purpose of compensating the Town of Belvidere for regulating and administering the towing files and the preparation of the documentation and impounding of vehicles in the Town of Belvidere. No impounded vehicle is to be released to the owner until a $65 administrative fee is paid to the Town of Belvidere.