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.